France

[FR] Online platforms: connection threshold triggering the obligation to temporarily retain illegal content

IRIS 2025-9:1/13

Amélie Blocman

Légipresse

Decree 2025-768 of 4 August 2025, issued for the application of Article VI of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, as amended by Article 48 of the "SREN" Law 2024-449 of 21 May 2024, repeals Decree No. 2022-32 of 14 January 2022 on the setting of a connection threshold above which online platform operators must contribute to the fight against the public dissemination of illegal content.

The new decree confirms the number of connections (10 million unique visitors per month from French territory, calculated on the basis of the last calendar year), above which online platform operators must contribute to the fight against the dissemination of hate content. As such, they are subject to specific obligations; designation of a single point of contact; implementation of warning systems; informing the audience of the resources implemented to combat the dissemination of hate content, in particular removal procedures, and obligations to cooperate with the judicial authorities. Compliance with these obligations is monitored by ARCOM, which may issue formal notice to operators who fail to comply with their legal obligations and, if necessary, impose a penalty of up to €20 million or 6% of total annual worldwide turnover for the previous financial year.