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

D) Parental control

A Canadian study^551(*) shows that the parents do not know what truly their children do on Internet and do not discuss it with the latter^552(*). The young people seem left with themselves on the network as the figures show it. Indeed, approximately 70% of the young Québécois say being alone when they sail on Internet. The Canadian average accounting for 50% of the young people, moreover, approximately one the third of the young people (36%) says that they remove on the occasion the files and the history which indicate the visited Web sites; that 81% of the teenagers prefer to attend not supervised clavardages. All these figures can alarm the parents. Indeed, the young people seem very free on the network even if the parents lay down rules about Internet like not visiting certain sites (61%), not to give a personal information on themselves or their family (60%) and not to meet in person somebody whom they know only by Internet (54%). Always according to this study, these rules do not comprise any constraining value since they are not imposed on the house according to young Québécois' which frequently use Internet at the house.

It seems y disfonctionnement to have true between what think of knowing the parents and what really the children make on the network. However, there are software making it possible to supervise the child without his knowledge and thus to know all the sites which he visits. It is about software spy. Of course, the children nowadays know some more on Internet than the parents in general what limits the application of this software since they are able to decontaminate them^553(*). However, they remain a good means of monitoring.

It seems necessary that the parents take more conscience of the possibilities offered on Internet while sensitizing and by educating their children to the various contents likely to be visualized on the network. They must learn to the children the dangers from this tool and prevent them in the event of illicit contents. The countries such as France and Canada want to develop the education of the young people and to sensitize the individuals on the advantages and the disadvantages of the network^554(*).

The parents are not left only vis-a-vis this tool since lines of calls were installation to remove the illicit contents of the network.

E) «Hotlines» : mechanisms of telephone description

The States developed mechanisms of telephone description to facilitate the removal of the illicit contents circulating on the network. This control makes it possible to the users to have a certain control on the accessible contents on Internet. As soon as contents present an illegal connotation, the Net surfer communicates with the line of assistance and the persons in charge for the latter proceed to an investigation into the complaint if they estimate that the contents could be illegal. They warn of them then the supplier and the qualified organizations of application of the law. For example, the AFA, member of European network Internet Hotline Providers in Europe Association (INHOPE), with including two associate members with the United States and in Norway, joins together eight lines of emergency call to eliminate the contents paedophiles on Internet and to ensure the protection of the minors^555(*).

These lines have certain advantages. Indeed, they are effective because they make it possible to the Net surfers to complain and to supervise the contents on the network^556(*). They can also play a part of sensitizing and information. Many countries, such as the United Kingdom, Germany, Australia, the United States, France, Ireland, Norway and the Netherlands set up this type of lines to help the Net surfers when illicit contents circulate on Internet. Canada does not have any for the moment but examines the possibility^557(*).

One of last controls to the reception which involves a voluntary censure of information on behalf of the Net surfers is the mechanism of accreditation or certification.

* ⁵⁵¹ Id.

* ⁵⁵² Approximately 49% of the young Québécois say that their parents do not know or very little the Web sites which they visit. On the other hand, 73% of the parents say to know enough of it or much about the sites visited by their children.

* ⁵⁵³ 50% of young Canadian (56% for the Québécois) believe that their parents know some less about Internet than themselves.

* ⁵⁵⁴ «  The parents, the teachers and the consumers, in particular, must be sufficiently informed to fully be able to benefit from the software of parental control and systems of grading  »  : Decision n°276/1999/EC, above mentioned, note 422, Considering 16.

* ⁵⁵⁵ C. PAUL, COp cit., note 17, p.66.

* ⁵⁵⁶ The hotlines of the FAI present however many disadvantages  : interminable waitings, prohibitory costs, unsuited answers... See the article of Benjamin CHERRIÈRE, hotlines of the FAI to the test, the Micro-computer, March 24, 2004, on line on  : 01net.com < http://www.01net.com/article/236767.html > (site visited on February 20, 2004).

* ⁵⁵⁷ CANADIAN STRATEGY FOR THE SEDENTARY, CAREFUL USE AND PERSON IN CHARGE FOR INTERNET, COp cit., note 3, p.18.