Emmanuel Macron spoke of the possibility of “cutting” social networks during urban violence. Faced with the outcry, the government spokesman clarified that the executive was only considering “suspensions of features”.
Social networks rendered totally or partially inoperative during nights of riots. This radical measure is envisaged by the executive after the urban violence which shook France following the death of young Nahel, killed by a police officer on June 27 in Nanterre (Hauts-de-Seine). “When things get hectic for a while, [on peut] say to yourself: we may be putting ourselves in a position to regulate them or cut them”imagined Emmanuel Macron at the Elysee Palace, Tuesday July 4, in front of some 300 mayors of municipalities affected by clashes, fires or looting.
>> Violence after the death of Nahel: three questions on the use of social networks during the riots
The words of the Head of State, reported by the press and confirmed by the Elysée Palace, caused an outcry within the opposition, which, on the right as on the left, saw in it a policy worthy of authoritarian and repressive regimes, such as North Korea, Iran or China. Faced with political outcry, the government spokesman stalled after the Council of Ministers on Wednesday. Olivier Véran assured that the President of the Republic only invited people to think about “functionality suspensions”, “for example geolocation functions (…) which allow young people to meet in such and such a place”And “on some platforms” only.
A cut technically possible
If the scenario of a total shutdown of certain social networks seems to have been ruled out for the time being, such a blockage remains technically possible. In concrete terms, internet service providers (ISPs) can cut off access to a platform by intervening on their DNS server (domain name system). This machine fulfills the role of a directory in charge of translating an address (such as twitter.com, for example) into an IP address accessible by a browser. ISPs have the power to redirect a request to the wrong IP address, or even delete it altogether. “It has already happened that judges have given an injunction to suppliers to cut off access to a site, in particular for glorifying violence”illustrious with franceinfo Alexandre Lazarègue, lawyer specializing in the law applicable to the internet.
Some countries have not hesitated to use this method to block access to several platforms. Since 2009, for example, it has been impossible for the Chinese to access Twitter or Facebook. More recently, in March 2022, the Moscow court banned Facebook and Instagram in Russia. The access ban can however be circumvented with the use of a VPN (a virtual private network), which makes it possible to geolocate in another country and to deceive the blocking system.
A suspension that seems “legally impossible”
However, the legality of such a measure is questionable. “Social networks, in themselves, are not illegal. It is the use that some users make of them that can be illegal”, explains Alexandre Lazarègue. With AFP, Amélie Tripet, lawyer for the firm August Debouzy, also underlines a form of imbalance. “Suspending social networks seems legally impossible in our democracy, because even to prevent a proven risk, a ban can apply to content, but not to the means of communication”judges this specialist in media law.
Provisions already exist to suspend accounts or remove posts that break the law. But the government regretted that, during the riots, this content was not always deleted or was delayed. Last Friday, a meeting was organized, on the initiative of the Minister of the Interior Gérald Darmanin and his colleague in charge of the Digital Transition, Jean-Noël Barrot, to remind the platforms of their obligations.
“[Suspendre un réseau social] would violate fundamental freedoms, such as freedom of communication and freedom of expression.”
Alexandre Lazarègue, lawyer specializing in digital lawat franceinfo
“A measure such as stopping a communication service is by nature disproportionate”abounds Christophe Bigot, lawyer specializing in media law, interviewed on Wednesday on France Inter. “It would have to be demonstrated that this type of media is the vector of absolutely irreparable damage, which no other measure than the shutdown could avoid.” With regard to the principle of proportionality, a judge could therefore choose the measure that is the least intrusive to individual freedoms. And Alexandre Lazarègue recalls: “A democracy is a social organization in which individuals have fundamental freedoms, guaranteed even in times of tension”.
Will French law change after these nights of riots? The Minister responsible for the Digital Transition, Jean-Noël Barrot, has already proposed Tuesday evening in the Senate the establishment of a working group on the measures to be taken in the event of urban violence.