Satisfactory, but could do better. Inside a note published this June 5, the Higher Council for Equality (HCE), regrets that “women and girls” are the “big forgotten ones of the bill”, on the law for the assurance of the digital space and issues some recommendations that seek to “inspire amendments in the government and in parliament.”
The HCE regrets that “no provision is dedicated” to those who are the greatest victims of the pornographic system: women and girls, who are humiliated, abused, tortured.” The HCE takes up the results of the Senate report on the pornography industry in 2022 stating that “90% of the content of pornographic videos fell within the penal code, since it included acts of physical or sexual violence.”
An HCE report on sexist and sexual violence in the porn industry will be published next September, but the Higher Council for Equality “considered it necessary to already participate in the debate.”
expand skills
Among its recommendations, the HCE wishes in particular to expand the powers of Pharos (a site for Internet users to report illegal content and behavior online) and the Audiovisual and Digital Communication Regulatory Authority (Arcom).
At this time, Pharos may remove, block, or remove reference to terrorist and child pornography content. The HCE would like these powers to be extended to content “featuring acts of barbaric and torture, inhuman and degrading treatment, and rape.”
Arcom’s missions would also be expanded and the Regulatory Authority would take over from Pharos if the latter’s reports go unanswered. Thus, Arcom could “be seized to also check for compliance with blocking denials and order Pharos to remove, block, or delist.” The Arcom would also have the mission, in consultation with the HCE, to establish a new provision: oblige the platforms to “measure the sexism of their most viewed content in France thanks to a battery of indicators.”
An effective right of withdrawal
In its note, the HCE wishes that “the dissemination and hosting of criminal videos that present, in an unsimulated manner, acts of torture and barbarity, inhuman and degrading treatment or sexual violations, be illegal”, and requests sanctions for economic claims against the broadcasters . and hosts. These could reach up to 6% of the billing.
Another proposal, this time aimed at better protecting women and girls in the porn industry. The HCE proposes “that any image, representation of a minor or of a person whose physical appearance is that of a minor of a pornographic nature be prohibited, regardless of the age of the person filmed.”
Finally, the HCE wants an “effective right of withdrawal” for sexual content if the person being filmed or photographed requires it. “This manifestly illegal content must be able to be denounced and withdrawn within 48 hours by the platform, under penalty of strong economic sanctions,” the note specifies.
For its part, the government will give Arcom the power to order, without the assistance of a judge, the blocking by operators and the exclusion of pornographic sites that do not prevent minors from accessing their content.
Source: BFM TV
