Filing of a complaint against the author of the illegal content published on the Internet

If you are harmed by the publication of illegal content, you can file a complaint against the author of this publication.

Hosts must keep the data allowing the author of the facts to be identified. For example, you can contact them to cooperate with the police or gendarmerie.

If you cannot find the identity of the author of the content, you can file a complaint against X.

The time limit for filing a complaint depends on the offense committed. For example, if you are a victim of content that incites racial hatred, you can file a complaint within 3 months as of its publication.

Your complaint can be filed at any police station or gendarmerie brigade.

You can ask for the assistance of a lawyer. This professional may be present from the lodging of a complaint until the possible judgment of the author by the criminal courts.

Your complaint results in a police investigation that may result in the judgment and conviction of the perpetrator by the correctional court.

You can also to bring you a civil party to obtain damages.

Conviction of the author of the illegal content published on the internet

If the alleged perpetrator is found guilty by the correctional court, he or she is subject to criminal sanctions that depend on the offense committed.

For example, a person who posts content that glorification of terrorism could face a sentence of 7 years in prison and €100,000 of fine.

Obligations of the website or online platform host

The hosts must put in place reporting mechanisms to alert them to the publication of illegal content on a website or a online platform (example: social networks).

This device must be visible and accessible to all.

As a victim or witness of content unlawful, you can report using this device.

As a result of this report, hosts must immediately :

• Notify competent authorities (e.g. public prosecutor)
• Remove or block access to illegal content

For terrorist offenses or child pornography, specific rules shall apply.

Legal action against the host of the website or online platform

The hosts of websites or online platforms who fail to meet their obligations may give rise to criminal liability.

In case of no removal of illegal content that harms youYes, you can file a complaint. If the host has not notified the competent authorities, the public prosecutor's office may institute proceedings.

The applicable criminal sanctions depend on the failure of the host and whether it is a natural person or a legal person :

Obligations of the Publisher of an online communication service

In some cases, the criminal liability of the publishing director of a online communication service may be engaged. This is the case if a user leaves a comment :

• Provocative to a crime or to a offense (example: incitement to commit murder or theft)
• Inciting hatred, violence or discrimination
• Injurious
• Defamatory

The editor can see for himself the illegality of the comment. You can also report this type of content and request that it be removed.

The request must be sent to the Publisher of the online communication service by registered letter with acknowledgement of receipt. It must mention:

• The content you denounce (example: you can copy/paste the relevant text)
• The Internet address (URL) of the online communication service on which the publication was made

As soon as he knows the character unlawful the editor must immediately have the comment removed. If it does not do so, it could face criminal sanctions.

Filing of a complaint against the Publisher

If you have requested the withdrawal of a comment unlawful to the editor and he has not deleted it, you can incur his criminal responsibility.

For this, you can file a complaint.

The deadline for filing a complaint is 3 months from the day the comment was posted.

Your complaint can be filed at any police station or gendarmerie brigade.

You may be assisted by a lawyer. This professional may be present from the time of filing a complaint until the possible judgment of the Publisher.

Your complaint results in a police investigation that may result in the judgment and conviction of the Publisher by the correctional court.

You can also to bring you a civil party to obtain damages.

Conviction of the Publisher

If the Publisher is found guilty by the Correctional Court, he or she may be sentenced to criminal sanctions that depend on the offense committed.

For example, a offensive content is published on a site. The Publisher is alerted but does not prevent this content from being distributed. In that case, he could be fined €12,000.