FranceLCEN Articles 6-2 to 6-2-2 (inserted by the SREN Law), Removal of Child Sexual Abuse Material within 24 Hours of an Administrative Request
In force since .
A specific illegal content rule binding private bodies.
- Obligation class
- Prohibition, Reporting
As of .
What it requires
- Remove an image or representation of a minor of a pornographic nature, within the meaning of Article 227-23 of the Code pénal, within 24 hours of receiving the removal request that the administrative authority issues under Article 6-1.
- If you cannot comply with a removal request because of force majeure or a factual impossibility not attributable to you, tell the issuing authority the reasons without undue delay. If the request contains manifest errors or too little information to carry it out, say so without undue delay and ask for the clarification you need.
- When you remove such an image, tell the content provider as soon as possible, giving the reasons for the removal, the possibility of asking for a copy of the removal order and the rights to challenge the request before the administrative court. Send a copy of the order on the content provider's request. Where the issuing authority decides that it is necessary and proportionate not to disclose information, tell the content provider nothing about the removal for the period the authority sets, which may not exceed six weeks and may be extended once by a further six weeks.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 6-2-1 punishes a failure to remove the image within 24 hours of the request 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
Article 6-2-1 sets a fine of EUR 250,000, which where a legal person commits the offence habitually may be raised to 4 % of its worldwide turnover before tax 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
The administrative authority that issues removal requests under Article 6-1, and the criminal courts for the offence in Article 6-2-1; the administrative court hears challenges to a removal request under Article 6-2-2.
What this law does
Articles 6-2 to 6-2-2 of the LCEN were inserted by loi n° 2024-449 du 21 mai 2024, published in the Journal officiel of . Article 6-2-1 punishes a hosting service provider that does not remove an image or representation of a minor of a pornographic nature, within the meaning of Article 227-23 of the Code pénal, within 24 hours of receiving the removal request provided for in Article 6-1, with 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 before tax for the preceding financial year. Under Article 6-2(I), where a hosting provider has never received a removal request for such an image under Article 6-1, the authority must give the provider information on the applicable procedures and time limits at least twelve hours before it issues the request.
Under Article 6-2(II), a provider that cannot comply with a removal request because of force majeure or a factual impossibility not attributable to it must inform the issuing authority of those reasons without undue delay. Under Article 6-2(III), a provider that removes such an image must inform the content provider as soon as possible, giving the reasons for the removal.
Article 6-2-2 lets hosting providers and content providers ask the president of the administrative court to annul a removal request within 48 hours of receiving it. Article 64 of the enacting law, which lists the articles whose commencement differs from the general rule, does not name article 4. Article 1 of the Code civil puts a law with no commencement day of its own in force on the day after its publication in the Journal officiel. Légifrance records Article 6-2 as in force from . Légifrance records Article 6-2-2 as in force from .
When LexLint raises it
When your app profile says your app operates a social platform.