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

B) « codes of good control »

Deontologic rules, by the means of codes of good control, were developed on the network by professionals such as organizations or associations in order to enact standards of control applicable to any users. They constitute one « new fashion of production of the right »^535(*). However, these codes have a rather relative value since they do not have of a binding nature. Indeed, no sanction is envisaged in the event of transgression of the latter and the interested parts are free to adhere to it or not.

The professionals, such as the PSI, worked out Charters of adhesion and codes of good control at the disposal of the Net surfers. For example, the Association of the suppliers of access and services Internet (AFA)^536(*) and the Canadian Association of Internet providers (ACFI)^537(*) wrote this kind of codes to inform the Net surfers on the behavior to be followed and adopt on the network. The latter adhere to it of their own liking. These codes explain in particular to the users which procedure to follow in the event of illicit contents.

The new legislations encourage the establishment of these codes of conduct in order to better frame the users and thus to improve confidence and safety on the network. The Directive on the electronic trade^538(*), in its article 16, encourages the Member States to work out codes of conduct which will allow a better application of the legal rules and a more effective protection of the minors. There are some at the European and^539(*) national level. Nevertheless, the Commission notices at the time of his first report/ratio on the application of the Directive that the creation of this kind of code slowed down and that the Member States must continue to support and promote actively the initiatives in this field^540(*).

The LCJTI, as for it, envisages a multidisciplinary committee to support the harmonization of the systems and standards^541(*). This committee must work out guides of practices integrating the recommendations worked out by the medium and not by the government^542(*). It thus will try to frame the control of the speakers, while resting on the will of the latter to agree to implement them in the interest of all. The government will be able to intervene if these guides are not applied voluntarily, using regulations^543(*).

These forms of control are not reliable and are very limited. In general, it is necessary that the Net surfers decide by themselves to respect them. This is why illicit contents are always present on the network. To prevent that children are in contact with inappropriate material, a control carried out with the reception is also necessary to reinforce safety.

* ⁵³⁵ C. PAUL, COp cit., note 17, p.52.

* ⁵³⁶ Practical and uses of the members of the Association of the suppliers of access, on line on  : < http://usages.afa-france.com/ > (site visited on February 20, 2004).

* ⁵³⁷ Code of ethics of the Canadian Association of Internet providers, on line on  : < http://www.caip.ca/issueset-fr.htm > (site visited on February 20, 2004).

* ⁵³⁸ Directive on the trade electronic, above mentioned, note 176.

* ⁵³⁹ See for direct marketing, the European Code of ethics as regards use of data in personal matter in direct marketing  : < http://www.fedma.org/img/db/FEDMACodeFR.pdf > (site visited on February 20, 2004).

* ⁵⁴⁰ COMMISSION IN THE EUROPEAN PARLIAMENT, First report/ratio on the application of the directive on the electronic trade, COp cit., note 225, p.18.

* ⁵⁴¹ LCJTI, above mentioned, note 252, art 63.

* ⁵⁴² Id., art 64.

* ⁵⁴³ Id., art 67.