FranceLCEN Articles 6-1-1 to 6-1-5, Removal of Terrorist Content within One Hour (Regulation (EU) 2021/784)
In force.
A specific illegal content rule binding private bodies.
- Obligation class
- Prohibition, Reporting
As of .
What it requires
- If you provide a hosting service, remove terrorist content or block access to it in all Member States within one hour of receiving a removal order that the administrative authority issues under Article 3 of Regulation (EU) 2021/784.
- Inform the authorities immediately in the cases where Article 14(5) of the Regulation requires it.
- Comply with a formal notice that Arcom serves on you to meet the Regulation's obligations in Articles 3(6), 4(7), 5(1), (2), (3) and (5), 6, 7, 10 and 11, Article 15(1) and Article 17.
If you get it wrong
Criminal exposureYes
Criminal exposure note
A failure to remove terrorist content within one hour of a removal order is punished with one year's imprisonment and a fine of EUR 250,000, raised for a legal person committing the offence habitually to up to 4 % of worldwide turnover.
Penalty structure
Failing to remove terrorist content within one hour of a removal order is punished with a fine of EUR 250,000, which where a legal person commits the offence habitually may be raised to 4 % of worldwide turnover for the preceding financial year.
- Rule
- Higher of
- As of
- Currency
- EUR
- Fixed cap
- 250,000
- Turnover percentage cap
- 4
Who enforces it
Enforcement body
Arcom, which ensures that hosting service providers whose main establishment is in France or whose legal representative resides in France respect Regulation (EU) 2021/784, and which may serve formal notices and impose pecuniary sanctions.
What this law does
Articles 6-1-1 to 6-1-5 of the LCEN were inserted by loi n° 2022-1159 du 16 août 2022, published in the Journal officiel of . Article 6-1-1 makes the administrative authority mentioned in Article 6-1 competent to issue removal orders under Article 3 of Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online.
A failure to remove terrorist content, or to block access to it in all Member States, within one hour of receiving a removal order is punished by one year's imprisonment and a fine of EUR 250,000. Where a legal person commits that offence habitually, the fine may be raised to 4 % of its worldwide turnover for the preceding financial year. A failure to inform the authorities immediately as Article 14(5) of the Regulation requires is punished by one year's imprisonment and a fine of EUR 250,000.
Arcom ensures that hosting service providers whose main establishment is in France or whose legal representative resides in France respect the Regulation. Arcom may serve a formal notice on a provider to comply with the obligations the Regulation lays down in Articles 3(6), 4(7), 5(1), (2), (3) and (5), 6, 7, 10 and 11, Article 15(1) and Article 17.
The pecuniary sanction Arcom may impose for non-compliance with a formal notice may not exceed 4 % of total worldwide annual turnover for the preceding financial year. A hosting provider or content provider concerned by a removal order may ask the president of the administrative court to annul it within 48 hours of receiving it, and the court rules within 72 hours. Loi n° 2024-449 du 21 mai 2024 replaces the rate of 4 % with 6 % in the second paragraph of II of Article 6-1-3. The provisions this entry describes came into force on different days.
When LexLint raises it
When your app profile says your app operates a social platform.