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French court says Twitter must reveal measures to tackle online hate speech

A court in Paris has ordered that social media giant Twitter must reveal the steps in will implement to tackle hate speech online after anti-discrimination groups launched a legal case.

Published: 20 January 2022 14:10 CET

Twitter has come under fire for not doing enough to moderate hate speech online. A French court has ordered the social media giant to reveal the steps it will take to tackle the problem. (Photo by Lionel BONAVENTURE / AFP)

A Paris court on Thursday ruled that Twitter must reveal its measures for fighting hate speech, in one of several cases thrashing out whether the French justice system has jurisdiction over the US social media giant.

Ireland-based Twitter International had appealed a July decision ordering it to share documents and details about its French moderation team and data on their activities against hate speech.

That case had been brought by several anti-discrimination groups over what they said was the company’s longstanding failure to properly moderate posts.

The appeals court on Thursday confirmed the first judgement and further ordered Twitter to pay €1,500 to the groups, including SOS Racisme, SOS Homophobie and the International League against racism and anti-Semitism (Licra).

In another Paris case, three victims of terrorist attacks who have suffered online harassment are suing Twitter France.

They argue it was the company’s fault that their cases against their harassers failed, as it did not provide identifying information that investigators had asked for.

In that case, Twitter France chief Damien Viel told a court last week that “I’m in charge of Twitter’s business development and nothing more”.

Providing data to the authorities was “up to the good will of Twitter International, which is outside French jurisdiction and can decide whether to cooperate or not,” his lawyer Karim Beylouni added.

In still another case in Versailles, just outside Paris, Twitter France has said it is unable to comply with a police request for information on people who sent insults and threats to a public official.

The local office says it does not store any information, with all data handled by the group’s European mothership based in Ireland.

But prosecutors have asked for fines as high as 75,000 euros against both Twitter France and manager Viel personally.

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How France plans to protect kids from too much screen time

Experts across the world have been sounding the alarm on childhood screen time – from its addictive nature to the effects on mental health as well as issues with sleep and concentration.

In France, children under six spend on average more than 850 hours a year on screens (ie TVs, smartphones, tablets, and games consoles) according to a 2022 Ipsos study.

Meanwhile, a survey by French public health authorities (Santé Publique France) revealed in April that two-year-olds in France spend about an hour a day in front of a screen.

French President Emmanuel Macron announced in January that he would set up a task force to investigate further by commissioning 10 experts in addiction, education, neurology, law and psychology, epidemiology and digital technology to come up with a report, assessing existing mechanisms and recommending further policy changes.

The experts will present their findings to the president on Tuesday, which could pave the way for legislation that would restrict access to technology and the internet for young people.

What does the report say?

Leaked to several of local newspapers in France on Monday, the experts reportedly found “a very clear consensus on the negative effects – both indirect and direct – of screens”, according to La Voix du Nord.

They said that time spent on screens has “consequences for children’s health, development, future, as well as the future of our society and civilisation.”

The experts focused on the ways social media can be a ‘risk factor’ for depression and anxiety, especially if there is a pre-existing vulnerability, and they noted the “alarming” level of exposure children have to pornographic and violent content.

While they specified that screens do not cause neuro-developmental disorders, they did call for vigilance.

Screen access – They advised no screens at all – including TV – for children under three years old, and then ‘highly limited’ access between three to six years old, which would involve educational content and the supervision and involvement of an adult.

Mobile phones and social media – The commission recommended only authorising mobile phones from the age of 11 – and even so – phones that do not have access to the internet. They suggested that smartphones only be given from age 13 and onward, without access to social media.

Then, at age 15, they said ‘ethical’ (ie Mastadon or Bluesky) social media consumption could be allowed. They recommended avoiding apps such as Instagram and TikTok before age 18.

Schools and nurseries – The experts recommended that secondary schools create ‘mobile-free’ areas, or even experiment with ‘smartphone-free’ schools in order to assess the impact on school life and bullying.

They also recommended that computers and televisions are banned in nurseries (crèches).

‘Predatory’ practices by tech companies – The experts also called attention to the way tech industries try to hold onto children’s attention, and they recommended efforts to “combat predatory practices such as infinite scrolling or automatic video launch”.

They said that companies’ algorithms generate addictive behaviour among minors.

European scale – The experts also said that these recommendations should be taken on board on a European scale, which President Macron has echoed previously, including during his speech last week at the Sorbonne where he argued in favour of instituting an online minimum age of 15 (‘digital majority’).

What could legislation entail?

Legislation may or may not cover the above topics, but the concept of regulating childhood screen-time has already been on the minds of French lawmakers.

Last year, in 2023, members of Macron’s Renaissance party tabled a bill that would create more training on screen time for health professionals and people who work with children, more regulation on the use of screens in nursery and primary schools.

They also sought the creation of a ‘prevention message’ on computers, tablets and phones to warn consumers, in a similar manner to tobacco products, about the dangers for young children. However, this bill still needs to be examined and debated by the Senate.

The right-wing Les Républicains party also tabled a bill at the beginning of April calling for a ban on screen usage in nurseries for children under the age of three.

What about other steps taken by the French government?

Aside from proposed legislation, lawmakers and health authorities have already taken some steps to regulate screen access and internet usage.

Recommendations from health authorities – French public health authorities had previously issued some recommendations about screen time (PDF).

Their parental guide recommends: No TV before three years old, no video games before six years old, no internet before nine years old and no internet alone (unsupervised) before 12 years old.

On top of that, at the end of May, there will be a national meeting for paediatricians, and according to Le Parisien, some topics on the table will be introducing a mental health check before collège (lower secondary school) and tools to help children sleep better. Both of these will reportedly have screen-related recommendations.

Parental control defaults – Starting in July 2024, all devices that can access the internet will need to have a default parental control. This includes smartphones, computers, TVs and game consoles, and it was part of a 2022 law for protecting children on the internet.

In practical terms, this will mean that manufacturers looking to sell their internet-enabled devices in France will need to abide by the new rules. The parental controls must be free of charge and available on the device as soon as they are put into service.

The goal is to help protect kids from pornographic content on the internet by facilitating the use of parental controls.

Manufacturers that fail to comply will risk administrative fines.

Phones in school – Technically, French law already prohibits mobile phones in nursery, primary and lower secondary school. The country’s Education Code stipulates that pupils are not allowed to use mobile phones “during any teaching activity or any other locations specified in school rules”.

As a result, kids cannot use their phones during class, but depending on the school they might be able to use their phone during recess on the playground.

Government recommended site – The French government also created the online tools to help both parents and children understand the risks online and with screen-time.

The website jeprotegemonenfant.gouv.fr has a quiz to help parents understand if they are paying close enough attention to their children’s time on screens. It also has a list of technology and social networks that allow parental controls, as well as tips on how to use them.

Social media privacy law – In February, France adopted a law to protect children’s right to privacy on the internet before they are of legal age to access social media. This created the concept of a ‘private life’ for children, requiring that parents protect their children’s ‘image rights’ by taking into account the opinion of the second parent, as well as their child’s feelings depending on their age or maturity.

Parents who ‘violate the child’s dignity’ can lose the right to share photos and videos on social media, with the power to protect the child’s privacy handed off to a third party or a judge. This was provoked by issues with ‘influencer’ parents who use images and videos of their children to make money or gain fame online.

There are also concerns around images of children being taken off of social media accounts and sent around on pornographic websites.

Cyber-bullying and a minimum social media age – In June 2023, France also passed another law creating a minimum ‘legal age’ of 15 years old to access social networks, unless the child has express parental permission. According to a 2021 survey by CNIL, on average children first sign up for social media aged eight and a half.

It also found that over half of kids aged 10-14 have social media accounts, with 80 percent of parents admitting they “do not know exactly what their children are doing online”.

It will be up to social media companies to verify age using their own techniques, but those that fail to respect the age minimums will be subject to fines.

The law also included a requirement for the government to submit a report on the consequences of time online on the physical and mental health of young people, with a due date of one year after adoption of the law.

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