Summary
Background: France was one of the first countries to pass a law against disinformation, in December 2018. This law covers election periods, and is in practice an amendment to the country’s law on elections (“Electoral Code”). The law establishes a ‘duty of cooperation’ for the main online platforms, which are required to implement measures to combat their diffusion. To support them in this process, the Conseil Superieur de l’Audiovisuel (CSA) can send them recommendations.
What the CSA is recommending: Following a consultation launched on 25 April 2019, the CSA has now issued a set of six recommendations. These include setting up a visible and accessible ‘signalling mechanism’ through which users can report content, transparency of algorithms (so that users can track the data and the criteria used to recommend and prioritise content), the ways in which they can personalise such recommendations (and the main changes they make to an algorithm), the promotion of content from press and audiovisual companies (as well as of ‘fact-checking’ content), the fight against accounts spreading false information on a mass scale (including appropriate procedures for detection of these accounts and proportionate processes to limit their activity) and information about the nature and origin of content (on who is paying for its promotion). They also recommend facilitating education to media and information, by helping users identify trustworthy news sources.
Next steps: The CSA established an obligation for platforms to report annually, by 31 March 2019, on the ways in which they have implemented the recommendation and on the obstacles they found in doing so. Platforms will also have to designate a legal representative for the French territory, to liaise with the CSA.
