HomeLegal note on the suppliers of lodging
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Legal note on the suppliers of lodging
by Caihlem on Sun Nov 26, 2006 7:28 am
According to article 6 of the law n° 2004-575 of June 21, 2004 for confidence in the economy, of lodging "the persons or entities which ensure, even on a purely free basis are suppliers, for provision for the public by services of communication to the public in line, the storage of signals, writings, images, sounds or messages of any nature provided by recipients of these services".
The voluntary or professional exercise of the activity of lodging is subjected to the same modes of responsibility
The risks related to the lodging of contents are mainly risks of attacks to the people (slandering, non-respect of the right to intimacy or the image), or risks of attacks to the law and order (diffusion of violent, racists, anti-semites, pedophiles contents...).
Under the terms of the article 6 of the law n° 78-575 of June 21, 2004, the supplier of lodging sees his committed responsibility "as of the moment when it was informed of the activity or information illicit" lodged by his service and "that he did not act promptly to withdraw this information or to make the access impossible"
According to the same article, the knowledge of the litigious facts is supposed when the person victim sends to the person in charge a notification by electronic mail comprising the following elements:
In other words, it is not enough to announce an illicit problem on a forum. Without precise facts and evidence, the responsibility of editboard cannot be committed in the event of inertia of its share.
It should be noted that the responsibility of the hoster does not prevent from also continuing the principal author of the contents or illicit activities.
The voluntary or professional exercise of the activity of lodging is subjected to the same modes of responsibility
The risks related to the lodging of contents are mainly risks of attacks to the people (slandering, non-respect of the right to intimacy or the image), or risks of attacks to the law and order (diffusion of violent, racists, anti-semites, pedophiles contents...).
Under the terms of the article 6 of the law n° 78-575 of June 21, 2004, the supplier of lodging sees his committed responsibility "as of the moment when it was informed of the activity or information illicit" lodged by his service and "that he did not act promptly to withdraw this information or to make the access impossible"
According to the same article, the knowledge of the litigious facts is supposed when the person victim sends to the person in charge a notification by electronic mail comprising the following elements:
"- the date of the notification;
- if notifying it is an individual: the name, first names, profession, residence, nationality, date and birthplace;
- if the applicant is a legal entity: its form, its denomination, its registered office and the body which represents it legally;
- the name and residence of the recipient or, if it acts of a legal entity, her denomination and its registered office;
- the description of the litigious facts and their precise localization;
- the reasons for which the contents must be withdrawn, including/understanding the mention of the legal provisions and the justifications of facts;
- the copy of the correspondence addressed to the author or to the editor of information or activities litigious asking for their interruption, their withdrawal or their modification, or the justification of what the author or the editor could not be contacted ".
In other words, it is not enough to announce an illicit problem on a forum. Without precise facts and evidence, the responsibility of editboard cannot be committed in the event of inertia of its share.
It should be noted that the responsibility of the hoster does not prevent from also continuing the principal author of the contents or illicit activities.
