In recent years, cyberviolence, such as cyberbullying, cybersexism, or revenge pornography have grown exponentially with the advent of social media. Today, French law protects victims and punishes perpetrators of such violence.
Education, the primary weapon against cyberbullying
Passed in 2013, the framework law for the reform of the French education system provides training for pupils in the use of digital tools and resources, with a section dedicated to raising awareness of the use of the Internet and social media, and gender equality. This training, supervised by the French Ministry of Education, teaches children about their rights and responsibilities on the Internet and the concepts of intellectual property, equality and cyberbullying. This programme is a fundamental step towards responsible digital use by younger generations. Discover our report on the dangers and risks of social media
The Criminal Code, protection against harassment
Like harassment, cyberbullying is considered a crime. The’Article 222-33-2 from French Criminal Code punishes harassers with two years' imprisonment and a fine of €30,000. Since 2013, the law provides for a maximum sentence of three years' imprisonment and a fine of €45,000 when the offences are committed against physically or psychologically vulnerable persons or minors under the age of 15. A minor who is a harasser may face up to one year's imprisonment and a fine of €7,500 if their victim is over 15 years of age. Otherwise, the minor guilty of harassment may be punished with 18 months' imprisonment and a fine of €7,500. In all cases, the penalty is imposed on the child's legal guardians.
The Criminal Code may also penalise individuals who have violated image rights under Articles 226-1 and 226-2 with a fine of €45,000. Another example is identity theft, which is punishable by one year's imprisonment and a fine of €15,000.
What can the CNIL do in cases of cyber violence?
The National Commission for Information Technology and Civil Liberties (CNIL (French Data Protection Authority)) is a French supervisory authority for personal data protection. Its purpose is to enforce compliance with the Data Protection Act stipulating that “information technology must serve every citizen” and must not infringe on human rights and privacy. The Data Protection Act “defines the principles to be observed when collecting, processing and storing personal data. It also guarantees a number of rights for the individuals concerned.” Thus, Article 40 of this law gives underage internet users the right to be forgotten and therefore to request the deletion of their data from one or more websites. To request the deletion of personal information from a website or social network, you can exercise your right to object on the basis of Article 38 of the Data Protection Act. If no response is received within two months, the applicant may refer the matter to the CNIL, providing a copy of the request for data deletion.
If this information appears in search engine results when you enter your first and last name, you can submit a request for removal to Google, Yahoo or even Bing by filling in a form.
A law that recognises revenge pornography
The « revenge pornography » or revenge porn is an act of revenge that involves distributing sexual photos of a person without their consent. The amendment to the Digital Republic Act, passed on 7 October 2016, recognises the revenge pornography as a crime that goes beyond a mere violation of privacy. Revenge porn is now punishable by two years in prison and a €60,000 fine.
