ARTICLE · 01 JULY 2020

French Constitutional Council Invalidates Online Hate Speech Law On Freedom Of Speech Grounds

Pearl Cohen Zedek Latzer Baratz

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The French Constitutional Council struck-down most of the provisions of the French Hate Speech Law which would require operators of online platforms to remove manifestly illegal content within 24 hours.

CanadaGovernment, Public Sector

The French Constitutional Council struck-down most of the provisions of the French Hate Speech Law which would require operators of online platforms to remove manifestly illegal content within 24 hours.

The law defines removable content as any content that supports crimes against humanity, incites acts of terrorism, advocates such acts or incites hatred, violence or discrimination, or insults a person or group of persons on the grounds of origin, race, religion, ethnicity, nationality, sex, sexual orientation, gender identity or disability. Violation of the bill is punishable with a penalty of up to 4% of the online operator's global annual revenue.

In its decision, the Council explained that the law places the onus for analyzing content solely on technology platforms without judicial review, within a very short timescale, and with the threat of hefty penalties. The Council expressed concern that this approach will motivate online providers to broadly remove

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