Provocation to terrorism

The provocation to terrorism is thereDirect incentive to commit offenses or crimes of terrorism.

The perpetrator of the acts (through his words, the dissemination of images or videos, the publication of writings, etc.) encourages others to commit an act of terrorism, regardless of whether this provocation is followed by action or not.

Moreover, it is not necessary that the incitement was committed in front of a large public. Comments made in a private meeting or accessible to a few friends on a social network can be punished.

Apology of terrorism

An apology for terrorism is to present or comment favorably on terrorism in general or on terrorist acts already committed (for example, a person wearing a T-shirt with the words "born September 11, I am a bomb" may be convicted of an apology for terrorism).

Supporting the perpetrator of a terrorist act is tantamount to glorifying terrorism. The same is true when a person shows equal consideration for the victims and perpetrators of terrorist acts.

This infringement is formed when the apology has taken place publicly. The author must speak in a public place or at a public meeting by one of the following means:

• Speech, screams or threats
• Writings, prints, drawings, engravings, paintings, emblems, images
• Any other medium of writing, speech or image
• Wardrobes or posters
• Any means of communication by electronic means.

For example, a person who justifies or glorifies the commission of an attack on a social network may be prosecuted for glorifying terrorism.

Reporting to the police or gendarmerie

Any person (victim, witness, adult, minor) can report a website or digital content inciting or glorifying an act of terrorism.

For example, it is possible to mention:

• An internet link received by SMS when it leads to a terrorist site
• An image posted on social media
• A video received by email
• A speech posted on a blog.

You can send your report to the police or gendarmerie from PHAROS. This platform is integrated with the Office anti-cybercrime (OFAC).

Report illegal internet content (internet-reporting: Pharos)

This signaling may in particular enable theOfac: titleContent take the necessary measures to remove or block access to terrorist content.

Reporting to the hosting provider or the manager of an online platform

The hosts must provide Internet users with mechanisms to report content they consider to be unlawful.

This content must be on a website or on a online platform, especially on social networks such as Twitter,Facebook,Instagram, Snapchat, TikTok, etc.

These mechanisms must be easily accessible to any person who wishes to report terrorist data or a site made up of them. Victims and witnesses of such content must be able to report electronically.

Following this report, the hosting provider must immediately inform the competent authorities in the field of terrorism (example:Ofac: titleContent).

Removal of illegal content within one hour

If you have reported terrorist content (to law enforcement or site officials), theOfac: titleContent may order hosts remove or block access to this content in all member states of the European Union. We are then talking about a withdrawal order.

For this injunction to be valid, theOfac: titleContent must inform the Regulatory Authority for Audiovisual and Digital Communication (ARCOM). The host notifies the author of the publication.

The author of the publication or host has one hour from receipt of the withdrawal order to remove or block access to terrorist content.

They may, however, challenge that order before the Court administrative tribunal.

They have 48 hours to do so:

• From the receipt of the withdrawal order, for the host
• From the moment he is informed of this injunction, for the author of the content.

The administrative judge may uphold the withdrawal order or order its annulment. It must make its decision within 72 hours from the time the matter is referred to it.

Blocking the site containing terrorist data within 24 hours

L'Ofac: titleContent, who is informed of a case of incitement or apology to terrorism, may ask the host or to thepublisher an online communication service (e.g. social networks, website, forum, blog) to remove the content unlawful. In this case, the person to whom the request has been addressed shall have a period of 24 hours to remove terrorist content.

This period runs from the request for withdrawal sent to the host or publisher of the web page.

If the content has not been removed within 24 hours, theOfac: titleContent must transmit to Internet Service Providers (e.g. Orange, SFR, etc.) all Internet addresses (URLs) of online communication services containing terrorist information. Providers must immediately block access to these addresses.

Filing of complaint

Who can file a complaint?

If a terrorist content or site directly reachedYes, you can file a complaint. You can also civil party to obtain damages.

In addition, if you have already filed a complaint, associations that have been declared regularly for more than 5 years and that offer to assist victims of crime can to bring a civil action for the purpose of obtaining compensation.

How do I file a complaint?

You can file a complaint within 6 years of the publication of the terrorist content.

The complaint can be filed at any police station or gendarmerie. It shall be transmitted to the National Counter-Terrorism Procurator who's conducting an investigation.

You can ask for the assistance of a lawyer. This professional is present from the filing of the complaint until the possible judgment of the author by the correctional court.

Sanctions incurred by the author and the persons responsible for the publication