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L’adaptation du droit pénal aux réseaux sociaux en ligne

Abstract : Online social networks demonstrate the transcription, as well as the intensification, of human relationships on a digital level. More generally, the apparition and widespread use of these sites reveal a profound evolution of social relationships that began in the mid-2000s. Consequently, criminal law, as a “mirror of civilisation” has necessarily been impacted to the extent of warranting its adaptation.These websites undeniably constitute a new legal arena within which delinquent online behaviour is present. For the most part, online social networks are merely a new medium for infringements, to which pre-existing criminal offences are perfectly designed to apply, should they arise. However, new forms of infringements have emerged from these places of exchange, highlighting the structural shortcomings within criminal law, that manifest as the inability of pre-existing criminal offences to cover these new forms of infringements. Criminal law has therefore adapted through the creation of new criminal offences, demonstrating the profound evolution of the protection of privacy, identity and more generally, private life, under criminal law.Social networks also raise criminal law issues with regard to the suppression of delinquent online behaviour that can be found on them. In this case, the regimes of criminal responsibility applicable to different social network players, users and operators, demonstrate a certain unsuitability which manifests itself as the ineffectiveness of criminal law on social networks. The solution therefore consists of developing, or rather diversifying the response to emerging offences and providing a framework for the regulation of content in collaboration with the administrative authorities. A new regime of responsibility thus emerges, applicable to the main digital sharing platforms, that progressively promotes a principle of compliance within them. Ultimately, criminal law adapts to online social networks as much as social networks adapt to criminal law.
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Elie Stella. L’adaptation du droit pénal aux réseaux sociaux en ligne. Droit. Université de Lorraine, 2019. Français. ⟨NNT : 2019LORR0344⟩. ⟨tel-02985468⟩

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