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La responsabilité des acteurs de l'Internet en matière de délits de presse

Abstract : The act of advertisement constitutes the infraction and, towards the rules of French international penal competence, allows to localise the press infraction in France independently of its place of on-line publishing. The determination of the persons penally and legally responsible of the violations of the press committed on the Internet obeys three different systems. The actors of the creation process are responsible in application of the rules of the responsibility in chain. However, we have to qualify this statement. These rules must be pushed aside if the piece of information does not have been, beforehand the object of a fixation. In this case, only the common law of the responsibility allows to pursue the author of an infraction. Besides, every person having contributed, either in the creation, or in the on-line publishing, can be in collusion. Finally, the law of June 21st 2004 creates a regime of responsibility eased for the technical providers. According to the law, they are only simple passive intermediaries. As such, they cannot be responsible for the illicit contents. However, since we can impute them a deliberate personal behaviour, the law fixes the restrictive conditions allowing to engage their responsibility. The law creates new actions notably by privileging the emergency proceeding. However, it does not resolve all the problems raised by the Internet. Thus, it is not question of the responsibility of the hypertext links creators or still the responsibility of the search engines. Finally, other adaptations would have been necessary, in the field of prescription in particular. The brief term of notice of press infractions is an obstacle to the actual repression of such behaviours
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Submitted on : Thursday, March 29, 2018 - 1:28:19 PM
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Fabrice Deliege. La responsabilité des acteurs de l'Internet en matière de délits de presse. Droit. Université Nancy 2, 2006. Français. ⟨NNT : 2006NAN20005⟩. ⟨tel-01751870⟩



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