France

[FR] New law establishing digital majority and combating online hate

IRIS 2023-8:1/19

Amélie Blocman

Légipresse

Under the new law no. 2023-566 of 7 July 2023 “establishing digital majority and combating online hate”, children under 15 will need their parents’ consent to join a social network.

The law also enshrines in French legislation (Article 1 IV of the Loi pour la confiance dans l’économie numérique (Law on confidence in the digital economy – LCEN) of 21 June 2004) the definition of a social networking service as “a platform that enables end users to connect and communicate with each other, share content and discover other users and content across multiple devices and, in particular, via chats, posts, videos and recommendations”. This definition is identical to that contained in the Digital Markets Act (DMA).

The law places new obligations on social networks operating in France (new Article 6-7 of the LCEN). They are required to refuse requests from children under 15 to use their services unless a parent or guardian gives their permission; when a child under 15 registers, inform the child and their parents about “the risks linked to digital practices and means of prevention” and the conditions of personal data use; enable parents, or one parent, to ask for their child’s account to be suspended; when a minor opens an account, activate a system that measures the time they spend online and regularly notify the results to the young person concerned.

To verify their users’ ages and parental consent, social networks will be required to employ a technical system that meets standards to be laid down by the Autorité de régulation de la communication audiovisuelle et numérique (the French audiovisual regulator – ARCOM) after consultation with the Commission Nationale de l’Informatique et des Libertés (the French data protection authority – CNIL). If he finds that a social network has failed to put a certified technical solution in place to verify the age of users and the permission of a parent or guardian of a child under 15 the ARCOM president will be able to issue a formal notice requiring it to do so and, if such notice is ignored, refer the matter to the president of the judicial court. A social network that fails to meet this obligation may be fined up to 1% of its global turnover. This new ARCOM prerogative will take effect one year after the entry into force of this new obligation, which will be established by decree.

The age of digital majority will also apply to accounts that were created and owned by children under 15 before the law was adopted (the obligation for platforms to obtain express permission from a parent or guardian for pre-existing accounts will not take effect until two years after the the law enters into force).

The law also aims to prevent and tackle cyberbullying, with Article 6 I-7, para. 3 of the LCEN amended accordingly. Social networks will be required to provide mechanisms enabling users to report content that breaches “personal representation, privacy and safety” or condones any “type of blackmail or harassment”. They must also display cyberbullying prevention messages and the freephone number set up to combat cyberbullying.

Finally, the law asks the government, within a year, to submit to the parliament a report on the consequences of social network use, information overload and exposure to misinformation for young people’s physical and mental health.