France’s Senate has approved a bill that was originally tabled as a means to make rioters pay for the damages they cause – but ended up with provisions that are meant to allow for faster removal of online content at the police’s behest, ban people from social media for committing protest-related offenses, allow the police to fly as many drones as they want equipped with cameras, and use AI to analyze footage from those drones, as well as from CCTV cameras.
All this was added to the “casseurs-payeurs” (rioters-pay) bill in the form of amendments, which senators approved on October 27 by 229 votes to 105. The bill was first submitted on September 16, and it had only five articles that made no mention of any of these issues.
The government’s use of the accelerated procedure means that after one reading in the National Assembly, the bill can go to a joint committee of both chambers.
All the quotes below are from the Senate’s record of the debate, translated from French.
“Social networks can contribute decisively to violence and damage, in particular through the dissemination of content calling for these offenses to be committed,” is how the government justified its amendment that was adopted with 219 votes to 115.
The amendment allows the administrative authority, rather than a judge, to order platforms and hosts to remove content that is seen as provoking crimes such as attacks on life, theft and destruction, where it is likely to cause a serious disturbance of public order.
If a host fails to remove such content within 24 hours, it will face six months in prison and a 150,000 euro fine, or up to two percent of its worldwide turnover for a company. The authority will also be able to have the site blocked and removed from search results.
The request goes to a designated reviewer, rather than a judge, before the content is removed.
The original filing of the amendment had a one-hour emergency procedure for content that calls for “an attack, for insurrection or for arming against the State” – but Interior Minister Laurent Nuñez pulled it in the chamber, saying, “I have just rectified my amendment so that we can secure the emergency procedure during the shuttle [between chambers], in view of risks regarding [EU-law] conformity and constitutionality.”
So this provision is expected to be back later in the legislative process.
