Editboard's responsabilities on the Juridical level
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Editboard's responsabilities on the Juridical level
by Caihlem on November 26th 2006, 5:06 am
In are a general way, which the responsibilities for Editboard on the legal level?
The responsibility of the hosters remains limited today. Nevertheless, certain rules exist and it is advisable to conform to it...
First of all, it must be noted that Editboard (or more exactly ForumActif) is hosted on french servers, so as for legal mentions, the french law is applied
Our French right transposed a European directive as regards electronic trade. The principle is as follows: the hoster engages his civil and/or penal liability if he does not withdraw contents of which he was informed indeed of the illicit character.
The problem thus remains the following: what are illicit contents? The hoster is not a judge. It is not up to him to qualify such behavior of licit or illicit. And yet, if the hoster is not the judge of the illicit one, he must however be the judge of the "obviously illicit". In other words, the hoster must withdraw seriously illicit contents and whose this same illicit character is not debatable. It is in particular the case for the homophob and racists remarks as well as contents that are pedo-pornographic... The hoster does not have any other choice than to remove them from his data base.
In short, according to the stop of the Court of Appeal of Versailles of June 8, 2000, co. Multimania C Lynda L, confirmed by article 6 of the law for confidence in L ' numerical economy adopted definitively on May 13, 2004:
The hosters of site are held only of one obligation of vigilance and prudence with respect to the contents of the sites which it hosts.
However, this obligation does not imply the general and systematic examination contents of the lodged sites.
The responsibility for the hosters will be committed only:
- If they did not act whereas they were informed or were informed of the illegality.
- If as of the moment when they were informed of this illegality, they did not act promptly to withdraw these data or to make of them the access impossible.
Consequently, any forum with the "obviously illicit" contents made available of forumactif will be systematically removed without any notice.
The responsibility of the hosters remains limited today. Nevertheless, certain rules exist and it is advisable to conform to it...
First of all, it must be noted that Editboard (or more exactly ForumActif) is hosted on french servers, so as for legal mentions, the french law is applied
Our French right transposed a European directive as regards electronic trade. The principle is as follows: the hoster engages his civil and/or penal liability if he does not withdraw contents of which he was informed indeed of the illicit character.
The problem thus remains the following: what are illicit contents? The hoster is not a judge. It is not up to him to qualify such behavior of licit or illicit. And yet, if the hoster is not the judge of the illicit one, he must however be the judge of the "obviously illicit". In other words, the hoster must withdraw seriously illicit contents and whose this same illicit character is not debatable. It is in particular the case for the homophob and racists remarks as well as contents that are pedo-pornographic... The hoster does not have any other choice than to remove them from his data base.
In short, according to the stop of the Court of Appeal of Versailles of June 8, 2000, co. Multimania C Lynda L, confirmed by article 6 of the law for confidence in L ' numerical economy adopted definitively on May 13, 2004:
The hosters of site are held only of one obligation of vigilance and prudence with respect to the contents of the sites which it hosts.
However, this obligation does not imply the general and systematic examination contents of the lodged sites.
The responsibility for the hosters will be committed only:
- If they did not act whereas they were informed or were informed of the illegality.
- If as of the moment when they were informed of this illegality, they did not act promptly to withdraw these data or to make of them the access impossible.
Consequently, any forum with the "obviously illicit" contents made available of forumactif will be systematically removed without any notice.
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