La règlementation des contenus illicites circulant sur le reseau internet en droit comparé

2) The Québécois Law concerning the legal framework of information technologies: a legislative insulation

Quebec, contrary to the other provinces, thus followed a model different from that proposed by the LUCE. This difference appears by the adoption of the Law concerning the legal framework of information technologies (LCJTI)^252(*). This law takes account of « principles of the functional equivalence and the technological, media and legal neutrality [which] are in the middle of the legal framework installed »^253(*).

It is inspired at the same time by the law of the State of New York and certain provincial laws^254(*) but especially, it presents many similar points with the Directive on the electronic trade^255(*). Indeed, the LCJTI founds a mode of responsibility for the technical intermediaries on Internet^256(*). It is about a conditional mode of exemption of responsibility in favor of certain intermediaries. Consequently, the latter, with the help of the respect of certain conditions, are exonerated from responsibility for the documents held, indexed and transmitted. The LCJTI thus poses the same principles as the European Directive namely that the technical suppliers are subjected to the principle of irresponsibility under condition. With the difference of the Directive, the people receiving benefits offering of the services of reference are treated and subjected to the same principle relating to their responsibility^257(*).

The LCJTI thus chose to take as a starting point the the Directive on the electronic trade with regard to in particular the responsibility for the PSI. It also provides that the person receiving benefits « is not held to supervise information of it, nor to seek circumstances indicating that the documents allow the realization of activities in illicit matter »^258(*). This provision joined the objectives of article 15 of the Directive.

It is obvious that Quebec was isolated from the remainder of Canada while deviating from philosophy from the standard Law from the CNUDCI on the electronic trade^259(*) and inevitably from the LUCE^260(*). The other provinces chose all to be harmonized to facilitate the exchanges. Quebec seems, for its part, to show a different interest. Indeed, while following the European provisions, Quebec is harmonized with Europe what will support, can be, the exchanges with the latter.

The mode of responsibility founded by the LCJTI must be read like coming to supplement the general principles of the civil liability. The common right thus did not completely disappear.

* ²⁵² Law concerning the legal framework of information technologies, L.R.Q. 2001, c.32. (quoted hereafter «  LCJTI  »). It was sanctioned on June 21, 2001 and it came into effect on November 1, 2001.

* ²⁵³ Matter of Me Jeanne PROULX, draw from the article of Indragandhi BALASSOUPRAMANIANE, «  Law concerning the legal framework of information technologies  : a different approach  » (2001) 33 J.duB n°21.

* ²⁵⁴ See the parliamentary debates of the LCJTI.

* ²⁵⁵ Directive on the trade electronic, above mentioned, note 176  ; Pierre TRUDEL, the responsibility on Internet, Right Seminar and Fabric, Bamako, May 27, 2002, p.8.

* ²⁵⁶ LCJTI, above mentioned, note 252, art 22, 26, 27, 36 and 37.

* ²⁵⁷ Id., art 22, Al 3.

* ²⁵⁸ Id., art 27.

* ²⁵⁹ The standard of CNUDCI, above mentioned law, note 244.

* ²⁶⁰ CONFERENCE FOR THE HARMONIZATION OF THE LAWS IN CANADA, above mentioned, note 243.