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

5) Actors of navigation

These PSI cover various activities such as the indices, the hyperlinks^352(*), the repertories, the directories^353(*) and the search engines^354(*). With the difference in the other legislations, the LCJTI, like American law DMCA^355(*), envisages a mode of responsibility specific for the services for reference^356(*). These intermediaries are subjected to an irresponsibility under conditions as for the suppliers of lodging. Indeed, they are responsible if they know that the provided services are illicit and that they promptly do not cease the supply of such a service.

The Law of August 1, 2000 as well as Project LEN, do not envisage any system of specific responsibility for these PSI. On the other hand, an analogy with the responsibility for the shelterers can be made^357(*).

To conclude on this second chapter, it is interesting to retain that the development of the new laws passed by many attempts for finally releasing a regulation combining with the common right. The PSI from now on are subjected to an irresponsibility a priori being able to exonerate them if the conditions defined by the texts are met. The legislators of the studied countries thus chose this solution for éradiquer the illicit contents circulating on Internet network. This new system however does not appear satisfactory on certain points, even if it is still early for truly analyzing the effects of these legislations. These last while making it possible the PSI to withdraw information or to make them inaccessible, introduce a new censure into the legal system. This remedy can, at first sight, seem even antidemocratic radical. But, on another side, it seems justified by the plethora of illicit contents circulating on Internet network.

* ³⁵² The hyperlinks are the connection connecting of the resources accessible by communication networks (for example Internet network). They are in particular made up of the following, visible elements or not for the user: active element or activable (the pointer), addresses destination, conditions of presentation of the dependant resource  : Definition taken of THE RECOMMENDATION OF THE FORUM OF THE RIGHTS ON THE INTERNET, Which responsibility for the creators for hyperlinks towards the illicit contents  ? , October 23, 2003, on line on  : The Forum of the rights of the Internet < http://www.foruminternet.org/telechargement/documents/reco-resphyli-20031023.pdf > (site visited on March 13, 2004).

* ³⁵³ A directory is a list of sites laid out according to categories and subcategories'. Each site, to appear in the data base, must be recorded beforehand by the means of a form, indicating a title, a short description and key words relating to the document. It is not a question of an automatic indexing carried out by a robot but of a human and voluntary referencing  : definition taken with Thibault VERBIEST and Etienne WERY, the responsibility for the suppliers of tools of research and hyperlinks because of the contents for the sites referred, 2001, p.6, on line on  : right and new technologies < http://www.droit-technologie.org > (site visited on March 13, 2004).

* ³⁵⁴ Id.  : A search engine is a software of exploration which visits uninterrupted the Web pages and the indices of manner automatic in a data base according to the key words that they contain.

* ³⁵⁵ Promulgated law on October 21, 1998 by the American Congress.

* ³⁵⁶ LCJTI, above mentioned, note 252, art 22 Al 3.

* ³⁵⁷ Murielle CAHEN, the responsibility for the tools of research, November 29, 2002, on line on  : < http://www.clic-droit.com/web/editorial/dossier.php?dossier_id=26 > (site visited on March 13, 2004).