French Digital Platform Regulation
The Institutional Framework
France has been one of the most active EU member states in regulating digital platforms, adopting national legislation that has both anticipated and influenced EU-level frameworks. The primary regulatory authority is the Autorité de Régulation de la Communication Audiovisuelle et Numérique (ARCOM), created in 2022 by the merger of the Conseil Supérieur de l’Audiovisuel (CSA) and the Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet (HADOPI). ARCOM is responsible for enforcing the Digital Services Act (Regulation 2022/2065) in France, regulating audiovisual media, combating illegal content online, and protecting intellectual property.
The Loi pour la confiance dans l’économie numérique (LCEN, Law No. 2004-575 of 21 June 2004) was the foundational French legislation on platform liability, transposing the E-Commerce Directive (2000/31/EC). The LCEN established the notice-and-takedown regime for illegal content and defined the liability exemptions for hosting providers and intermediary service providers.
Enforcement of the Digital Services Act (DSA)
ARCOM has been designated as the French Digital Services Coordinator under Article 49 of the DSA, with primary responsibility for supervising intermediary service providers established in France. The DSA imposes obligations on platforms to address systemic risks, provide transparency, and establish robust content moderation mechanisms.
The Loi visant à sécuriser l’espace numérique (Law No. 2024-42 of 26 January 2024) complemented the DSA by strengthening ARCOM’s enforcement powers, including the ability to impose administrative fines of up to 6% of annual worldwide turnover for failure to comply with DSA obligations. The law also introduced provisions for the blocking of illegal content in cases of serious and imminent harm, subject to judicial authorisation.
The Loi Avia and Its Partial Annulment
The Loi Avia (Law No. 2020-766 of 24 June 2020) was a high-profile French attempt to combat hate speech online. The law imposed obligations on platforms to remove manifestly illegal hate speech, terrorist content, and child sexual abuse material within one hour (for terrorist and child abuse content) or 24 hours (for other hate speech). Non-compliance carried penalties of up to €1.25 million.
The Conseil constitutionnel in Decision No. 2020-801 DC (18 June 2020) partially struck down the law. The Constitutional Council held that the 24-hour removal requirement for hate speech placed a disproportionate burden on platforms, infringed freedom of expression, and failed to provide adequate safeguards against over-removal. The surviving provisions — primarily those addressing terrorist content and child sexual abuse material — continue to apply, though the EU Regulation 2021/784 on terrorist content online has largely superseded the national framework.
Platform Transparency and Unfair Practices
The Loi confiance dans l’économie numérique has been amended multiple times to strengthen platform transparency obligations. Platforms must publish annual reports on content moderation, including the number of items removed, the grounds for removal, and the implementation of automated content moderation tools. Decree No. 2022-1462 of 24 November 2022 implementing Article L. 111-19-1 of the Code de la consommation requires online marketplaces to disclose information about the professional status of third-party sellers, product safety information, and search result ranking criteria.
Counterfeiting and Intellectual Property
Platform liability for counterfeiting is governed by the Code de la propriété intellectuelle and the LCEN. Rights holders may notify platforms of allegedly infringing content, and platforms that fail to act expeditiously after receiving notice may be held liable for damages. The Conseil d’État in Decision No. 419928 (2020) held that a platform could be required to implement proactive measures to prevent the recurrence of identified infringements, including automated content recognition technologies.
Neighbouring Rights for Publishers
The droit voisin (neighbouring right) for press publishers was introduced by the Loi du 24 juillet 2019 (Articles L. 218-1 to L. 218-4 CPI), implementing Article 15 of the EU Copyright Directive (2019/790). The right grants press publishers an exclusive right to authorise or prohibit the reproduction of their press publications by online platforms.
The Autorité de la concurrence played a decisive role in enforcing the neighbouring right. In Decision 20-MC-01 (2020), the Autorité granted interim measures requiring Google to negotiate in good faith with publishers. The Autorité fined Google €500 million in Decision 21-D-17 (2021) for failing to comply. The Cour d’appel de Paris in Decision No. 21/14514 (2022) upheld the fine and confirmed the Autorité’s enforcement powers.