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France

Retrospective: a year of advocacy at Wikimedia France

Wikimedia France looks back on 2021, a year of advocacy campaigns at national and European level. Bringing the voice of community-governed platforms such as Wikipedia – besides the commercial ones – is not always easy. And while legislators and policy makers receive our arguments and concerns generally positively, there is still a long way to go before our messages and initiatives claim to be embedded in the texts that shape and frame the digital of tomorrow.

Several bills have, this past year, impacted Wikimedia projects and particularly the collaborative online encyclopedia, Wikipedia. Without going into a Prévert-style inventory, Wikimedia France wants to come back to some of its battles that it has carried out relentlessly, in order to defend a vision of a free and open Internet, protecting the rights and freedoms of users.

The Republican Principles bill or “the French DSA”

The bill reinforcing respect for republican principles, originally called “law project against separatism”, was not intended to regulate digital platforms. Indeed, the main objective of this text was to “fight against radical Islam and separatism”. But policy experts ended up qualifying it as a “catch-all”, insofar as a lot of subject matter had been inserted into it, including digital issues.

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Wikimedia France: new anti-terrorist bill exposes users to mass surveillance

Remember when we learned that Wikipedia was a target of widespread NSA surveillance? Wikimedia Foundation challenged the NSA program siphoning communications directly from the backbone of the Internet in the court. Today in France we may face a similar issue in the form of a new antiterrorist law that would add a grave threat to privacy to the censorship of the Terrorist Content Regulation. 

Protecting Wikipedia from mass surveillance

In May 2013 Edward Snowden revealed the existence of several American and British mass surveillance programs. The Wikimedia Foundation and other non-governmental organizations such as Amnesty International and Human Rights Watch have filed a complaint against the NSA, accusing it of violating the first and fourth amendment of the American Constitution, and of having “exceeded the authority conferred on it by Congress”. 

As a result, on June 12th 2015, the Wikimedia Foundation announced the use of the HTTPS communication protocol for all Wikimedia traffic, with a view to countering the mass surveillance exercised by the NSA, which took advantage in particular of the inadequacies of the non-encrypted communication protocol. 

Now, over to France

The new proposed French anti-terrorism bill fits well in the mass surveillance trend, attacking fundamental rights of online users. Presented by the Minister of the Interior, Gérald Darmanin, on April 28, it proposes a number of security measures inherited from the state of emergency of 2015 and the law of 2017 on internal security and the fight against terrorism. It also validates tools such as “black boxes”, responsible for detecting terrorist threats using user connection data, while expanding their use.

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Terrorist content and Avia Law – implications of constitutionality of TERREG in France

Analysis

In the first of series of longer features on our blog, we study the implications of national court ruling on the future of an EU regulation: in this case on TERREG.

In June 2020, France’s Constitutional Court issued a decision that contradicts most key aspects of the EU proposal for a regulation on preventing the dissemination of terrorist content online – but also gave EU legislators specific tools to prevent drafting legislations pertaining to content regulation that would directly contradict fundamental rights and national constitutional requirements.

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Introduction

Over the course of the past two years, France had a lively debate on a draft bill to combat hate speech online (the so-called Avia law). The debate mainly revolved around imposing stricter content removal obligations for both platforms and other intermediaries such as hosting providers. The final law, passed in May 2020, included the obligation for hosting providers to remove terrorist content and child sex abuse material within the hour of receiving a blocking order by an administrative authority. The law also foresaw a 24-hour deadline for platforms to remove hate speech content, based on flagging by either a user, or trusted flaggers – based on the platforms’ own judgement and with the help of technical measures. This content removal activity was supposed to be subject to guidelines that were to be established by the French Media Regulator (CSA). 

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