OSCE Media Freedom Representative publishes legal review of French laws against manipulation of information
VIENNA, 11 January 2019 – The OSCE Representative on Freedom of the Media, Harlem Désir, published today a legal review of two laws on the fight against the manipulation of information, which were adopted on 20 November 2018 by the French parliament. The review was shared with the French authorities in November.
The laws are specifically designed for electoral cycles, during which the spread of disinformation may harm the functioning of democratic institutions. The laws allow the judiciary to act against disinformation if the disinformation is manifest, widely and artificially distributed and if it could lead to disturbing the public peace or the sincerity of the vote. The laws also confer new responsibilities upon the French media regulator, the Conseil Supérieur de l’Audiovisuel (CSA), which will have the authority to act against any media distributing disinformation.
The legal review examines the new laws in the context of international principles on freedom of expression. It includes an analysis of the risks related to the scope of the law, the definition of “false news”, which could fail to recognize the nature of the journalistic work, especially within the very short 48-hour deadline for judicial response. It also places greater responsibility on the Internet platforms, whose interpretation of the scope of the content to be taken down could be much broader than the previous judgments of the Conseil Constitutionnel and of the European Court of Justice.
On the extension of the powers of the Conseil Supérieur de l’Audiovisuel, the review notes that the new laws do not contradict the relevant international obligations of France.
In its recommendations, the review explores the possibility of introducing a new legal statute for Internet platforms. The review also proposes enhancing media literacy and supporting the self-regulation efforts of the media community to enhance quality journalism, in particular through certification and fact-checking.
The legal review (only available in French) can be found here: https://www.osce.org/fr/representative-on-freedom-of-media/408872
The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. He provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.