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

Section II : Illicit illustrations of contents

There is a diversity of illicit contents which generates reactions more or less sharp at the Net surfers. The latter would wish that certain contents disappear definitively from the network not to be seen and consulted by the minors. Such as for example, the messages considered as really dangerous because they come to attack the minors (§1) ; on the other hand, others are much more general, but quite as dangerous (§2).

Paragraph 1 : Infringements in general matter

Since the attack against America on September 11, 2001^41(*), the terrorist groups multiply as well as the ideological, nationalist groups and of extreme monk^42(*). The majority of the current crises are born from facts of violence, or not armed wars, and facts of communication. They imply the media in a very visible way. According to the author Limore YAGIL, « Internet is well one of the means which they use. Internet is becoming an international tool of very invaluable communication for the terrorists, all confused tendencies »^43(*). The sites of heinous propaganda flower quickly on the network (A) what makes it possible to feed the terrorist organizations (B).

A) Heinous propaganda

Internet offers to the Net surfers extremists a superb world platform where they can, without too much constraint, to expose their theses revisionists, negationnists and racists. Each one has the advisability of being expressed and consequently, to be exposed to a propaganda or a heinous attack. Nowadays, heinous propaganda^44(*) is much easier to find on Internet than at the beginning of the Nineties. Indeed, according to researchers' of the Simon-Wisenthal center, in 1995, there was one site of incentive to racial hatred. In 1999, the Center had listed some more than 2100 and, in 2002, more than 4000^45(*). This rapid proliferation of heinous propaganda is one of the most worrying phenomena on Internet. These sites are easy accesses and very attractive on the visual level in particular for the youngest Net surfers. Moreover, their messages are translated in several languages what facilitate the widening of the remarks enormously. Internet is thus a formidable tool for these intrigues since the diffusion is broad and with few expenses. The néonazis, the skinheads or Klu Klux Klan thus have an access to an unequalled number people in the world. Moreover, a study carried out in Canada exposes this reality :

« It is estimated that in Canada, approximately 150 people use the Internet to convey heinous remarks ; however, it « carried of their voice is disproportionate compared to their number ». The nature of this quite particular support allows the diffusion of propaganda near an international public more diversified. The Web transforms the traditionally limited diffusion of the heinous literature (folders, for example) into a platform which makes it possible these people to acquire a level of credibility and an influence impossible to obtain except network ».^46(*)

The libertarian ideology of Internet, where some want to create a zone of not-right generalized, is thus an exceptional source for these racist groups to establish their ideas, unconstrained in a climate of active tolerance^47(*). Internet is not only any more the instrument of propaganda, but also a useful means for enrôler and to train new members. The extremists try to attract youth on their sites increasingly coloured by small plays in ludic and innocent appearances^48(*).

This study on heinous propaganda lets show through an important controversy. Indeed, it is necessary to find a conciliation between on the one hand, the libertarian liberal spirit conveyed on the network and on the other hand, the need for protecting the Net surfers against discrimination. Indeed, these difficulties can have effects on the execution of the judgments because of different ideologies in certain countries as for the United States where there is a true supremacy of the right to the freedom of expression^49(*). This research of balance and the problems generated by this one developed further in our study.

These groups, eager to transmit their racist and xenophobe opinions to million others, thus borrow a fast access road thanks to the facility with which contents can be diffused by Internet. It is besides this characteristic specific to Internet which raises difficulties with the governments to fight or prohibit the litigious sites. Canada and France recognize that the current legislation applies to the communications by Internet^50(*). Nevertheless, to cure the problem, these countries will adopt either of new laws or to amend laws established to this end^51(*).

Until now, the States anxious to intervene against the presence of illegal contents consulted since their territory adopted two approaches. Either they try to be protected by blocking the access to the contents on their own territory, or to extend their penal scope to the territory where the contents are diffused^52(*). France adopted the second solution in a very discussed business, the Yahoo business^53(*), in which the French judge required American company that it prevents the selling access of the French users to American sites of the Nazis objects, in particular by blocking this access to numbers Internet Protocol, commonly called IP addresses, located in France. The French regulation to fight against the various forms of racism is founded on articles 23, 24 and 24 (a) of the Law on the freedom of the press of July 29, 1881^54(*) and on the Law tending to repress any racist act, anti-semite or also said xenophobe Loi GAYSSOT^55(*). This law touches not only the negationnist question but also discrimination in a broader direction. It shows the will of the French legislator to eliminate any discrimination based on the membership or the not-membership of an ethnos group, a nation, a race or a religion and to fight against the vulgarizing of the crimes Nazis. These laws are also applicable on the network because it should not be forgotten that the current right applies to Internet. Recently, France obtained a new criminal law relating to the infringements in racist matter^56(*). It introduces, for a list of infringements given, an aggravating circumstance characterized by the commission of the criminal acts « at a rate of the membership or not-membership, true or supposed, victims with an ethnos group, a nation, a race or a given religion »^57(*).

Europe also has a plethora of texts and actions to fight against heinous propaganda. Initially, we can quote the Charter of the basic rights of the European Union^58(*), which was proclaimed jointly by the institutions of the Union on December 7, 2000 as well as the Directive creating general framework in favor of the equal treatment de employment work^59(*). Europe set up of many action plans to fight against racism^60(*). Initially, in 1997, the European Union creates the European Observatory of the racist and xenophobe phenomena (EUMC)^61(*) with an aim of providing to all Europe objective, reliable and comparable information on the phenomena of racism, xenophobia and the anti-semitism. This Observatory also signed a Joint Declaration of intention with the European Commission and contributes to the implementation of the measurements aimed to article 13 of the treaty establishing the European Community^62(*). This provision grants this one of new competences to fight any discrimination based on the sex, the race or the ethnic origin, the religion or the convictions, a handicap, the age or the sexual orientation^63(*). Then, there is a Community Action plan of fight against discrimination (20012006-)^64(*), adopted on November 27, 2000, which gives a support for the activities intended to promote measurements aiming preventing or at fighting any discrimination. Lastly, Europe set up the European Commission against racism and the intolerance (ECRI) which aims to fight all the forms of racism in large Europe under the angle of the protection of the humans right^65(*). In his Annual report of the EU on the humans right, adopted by the Council on October 21, 2002, the European Union states :

« The fight counters racism and discrimination represents consequently one of the priorities of the EU within the framework of her Foreign policy and common safety. (...)Within the framework of the European Initiative for the democracy and the humans right, the EU finances many projects for which priorities sets of themes were established. The program for 2002-2004 in identified four among which figure the fight against racism, the xenophobia and the discrimination with regard to the minorities and of the populations autochtones. Many projects are financed by this initiative.

In the conclusions and the action plan adopted by the extraordinary European Council which was held on September 21, 2001 to analyze the international situation following the attacks of September 11, the EU launched a call to the international community for the continuation, in all the multilateral enclosures, of the dialog and the negotiation in order to build, in Europe and elsewhere, a world of peace, right and tolerance, and underlined the need for fighting any nationalist, racist or xenophobe drift ». ^66(*)

The appearance of total communication networks as Internet thus offers to certain people modern and powerful means to support racism and xenophobia and, to diffuse easily and widely contents expressing such ideas. Thus the Member States decided to draw up a Convention on the cybercriminality^67(*) supplemented by an additional Protocol relating to the incrimination of acts of racist nature and xenophobe made by the means of information processing systems^68(*). The two major objectives of this last are to harmonize the criminal law and to improve the international co-operation in order to better fight against racism and xenophobia on Internet. Moreover, France takes part in the International Convention on the elimination of all the forms of racial discrimination^69(*), signed on March 7, 1966, just like Canada^70(*). At the international level, there are many legal instruments fighting against discrimination such as the Declaration of the United Nations on the elimination of all the forms of racial discrimination or the Declaration on the elimination of all the forms of intolerance and discrimination based on the religion or the conviction^71(*) which are also applicable on Internet network. Moreover, associations, leagues or organizations against racism were born such as for example, the International League against Racism and Anti-semitism (LICRA)^72(*).

Canada has like France, a whole plethora of measurements to fight hatred and the prejudices. The supreme Court in the Keegstra stop^73(*) stated that a person does not have the right to pronounce some « statements », since no one cannot encourage the others with hatred because of the race, the color, the religion or the ethnic origin. Moreover, the Court, at the time of the business Irwin Toy^74(*), indicated that « the guarantee of the freedom of expression protects very contained from an expression », except if the expression takes a violent form. The principal legal instruments dealing with heinous propaganda are the criminal Code^75(*), the Law on broadcasting^76(*), the Canadian Law on the rights of the person^77(*), the Canadian Charter of the rights and freedoms^78(*) and the provincial codes on the rights of the person with to Quebec, the Québécois Charter of the rights and freedoms of the person^79(*).

The Canadian criminal Code in articles 318 to 320^80(*) draft of heinous propaganda. It provides in its article 319 that :

« (1) Whoever, by the communication of declarations in a public place, encourages with hatred against an identifiable group, when such an incentive is likely to involve a violation of peace, is guilty :

a) maybe of a criminal act and liable to two years a maximum imprisonment;

b) maybe of a punishable infringement on declaration of culpability by summary procedure.

(2) Whoever, by the communication of declarations differently than in a private conversation, voluntarily foments hatred against an identifiable group is guilty :

a) maybe of a criminal act and liable to two years a maximum imprisonment;

b) maybe of a punishable infringement on declaration of culpability by summary procedure ».

This subparagraph 2 is broader than the precedent since it applies to all the declarations (except for the private conservations^81(*)) and it does not matter that the place is public or not. This infringement can as well aim a person posting of the messages in a Web site as on a babillard^82(*) or by a newsgroup. The supreme Court thinks that this law undermines the freedom of expression protected by article 2 (b) from the Canadian Charter from the rights and freedoms^83(*). However, this attack reasonable and is justified within the meaning of the article first of this same Charter^84(*). Article 320 of the criminal Code allows, as for him, with a court to emit an order of seizure against a publication whose specimens contain heinous propaganda and who are kept for purposes of sale or distribution. Many sites such as Aryan Nations, Klu Klux Klan or Ernst Zundel are likely to comprise texts and documents of this nature. Moreover, some of them were already condemned for the diffusion of this kind of material^85(*).

Another law fights against hatred in Canada ; it is about the Canadian Law on the rights of the person^86(*). She has the aim of supplementing the Canadian legislation while applying to all the industries regulated at the federal level. She lays out that it is illegal to act in a discriminatory way towards a person in particular because of her race, of its ethnic origin, its color or its religion. It is article 13 of this law which specifically aims the discriminatory messages communicated on Internet. However, it does not apply to the litigious contents official statements by broadcasting. This text treats heinous propaganda thus^87(*) and its attack in article 2 of the Charter is justified under the terms of the article first the latter^88(*).

In the province of Quebec, the Québécois Charter of the rights and freedoms of the person^89(*) are the text which fights against hatred and it states, in her article 10, which :

« Any person is entitled to the recognition and the exercise, in full equality, of the rights and freedoms of the person, without distinction, exclusion or preference based on the race, the color, the sex, the pregnancy, the sexual orientation, the marital status, the safe age in the measurement envisaged by the law, the religion, the convictions political, the language, the ethnic or national origin, the social condition, the handicap or the use of a means to mitigate this handicap ».

This text indicates that there can thus be limitations if they are envisaged by the law according to certain conditions. That differs from article 15 of the Canadian Charter which does not envisage anything on this point.

To conclude, the studied countries have a regulation to fight against this phenomenon which is, for the moment, too embryonic to evaluate the real impacts of them. It applies to Internet even if that is not specified expressly in the texts. However, hatred on the network increases considerably and in a worrying way^90(*). It is currently very simple of surfer on the network and to find sites with racist and heinous contents. France, as we could expose it previously, worked out specific laws to cure the problem, unlike Canada which functions with its current laws. France, with the support of Europe, wants to become a country where the heinous sites do not have their place and to fight against this phenomenon of radical way^91(*). For the moment, these laws did not prove reliable and the authors of these illicit contents always find the means of exposing their remarks extremists.

The majority of these forms of racism involves, in certain case, an attack with the national safety of the country, and even international. Since the events which have occurred in the United States, September 11, 2001, the terrorist acts increased significantly. They are increasingly present in the real world but also on the Internet network which is a vehicle remarkable for the latter to reach without difficulties information or to collect funds for their operations.

* ⁴¹ September 11, 2001 is the date on which intervened the attack perpetuated against the United States against the two turns of World Trade Center.

* ⁴² See CANADIAN SERVICE OF THE RENSEIGNEMENTDESECURITY, N°2000 Ratio/01 Tendencies of terrorism, Prospects, Ottawa, 2000, p. 2-3  ; Limore YAGIL, Terrorism and Internet  : The cyberwar  : test, Montreal Traitdunion 2002.

* ⁴³ Id., p. 8.

* ⁴⁴ Definition of article 320 (8) of the Canadian criminal Code (L.R.C. (1985), C.C-46, MOD. by L.R.C. (1985), c.2 (1st supp.)) (quoted hereafter «  C.cr.  »)  : heinous propaganda is «  Very written, sign or visible representation which recommends or foments the genocide, or whose communication by any person constitutes an infringement under article 319  ».

* ⁴⁵ All these figures must be taken with reserve like specifies it the author Limore YAGIL in his Terrorisme work and Internet  : The cyberwar  : test (COp cit., note 42, p. 113) since it should not be forgotten that it is difficult to count all the sites likely to be regarded as racists. The difficulties are numerous. Initially, it there with the barrier of the language, Anglo-Saxon sites being studied more. The researchers cannot know all subtleties of the languages, the leaders and the ideologies of the various countries. Then, they are the Net surfers themselves which denounce the racist sites. Lastly, there is a last problem which is that of the facility for the organizations to change name, of address, suppliers of services Internet. This facility of change does not make it possible to recall the sites efficiently. See the EUMC, Activities off the European Monitoring Centers one Racism and Xenophobia, Annual report  : Annual Carryforward 2002, on line on  : < http://www.eumc.eu.int/eumc/index.php > (site visited on March 13, 2003).

* ⁴⁶ H. SANTIS, COp cit., note 16, p 8.

* ⁴⁷ In the business which blames the gate Front 14 which offered a lodging only to the Web sites racists, the French judge stated  : «  Waited, and first of all, that it is useless to hope in an even minimal self-regulation of Internet, network delivered more and more to disproportion, with the any power of «  I want  », and «  become the last refuge of all excesses, all the provocations, and «  the means of all the aggressions  »  »  ; I show C. Société General Communications and A., TGI Paris, ord. ref., 30/10/2001, Com. Com. électr. January 2002. n°1, p. 30, n°8  ; See also the article of Etienne WERY, Racism on the Internet: 16 suppliers of accesses assigned in Paris, June 27, 2001, on line on  : Right and New technologies < http://www.droit-technologie.org/1_2.asp?actu_id=440 > (site visited on March 12, 2004).

* ⁴⁸ The sites néonazis want to ensure the education and the future of the young people in their offering plays on the Web. For example, there can be cross words where it is necessary to find the word starting from the following definition  : «  The color associated with our race, in five letters  », «  the scientific name for the white race  » (See the following sites  : < http://www.stormfront.org >  ; < http://www.kukluxklan.org >  ; < http://www.nazi.org >  ; < http://www.rahowa.com >  ; < http://www.moqawama.tv/page2/main.htm >) to also.Voir the text of Ulrich SIEBER, To fight hatred on Internet, Munich, January 10, 2001, on line on  : OECD < http://www.observateurocde.org/news/fullstory.php/aid/500/Combattre_la_haine_sur_Internet.html >  ; Marc KNOBEL, European Forum on the cyber-contents illegal and prejudicial  : self-regulation, the protection of the users and their aptitude to use the media, Strasbourg, November 28, 2001, on line on  : site of the Council of Europe < http://www.humanrights.coe.int/media/cyberforum/rep-knobel(f).rtf > (site visited on March 13, 2003).

* ⁴⁹ France has evil to make carry out these judgments in the United States with the reasons which they are contrary with their first amendment on the freedom of expression. For example, judgments on the Yahoo business (above mentioned, note 25  ; TGI Paris, ref. Oct. 30, 2001, Com. Com. électr. 2002. Com. n°8, CH note. STANC  ; TGI Paris 17th CH., 26 févr. 2002. Com. Com. électr.2002 Com. n°77, note A. LEPAGE  ; T.corr.Paris, 17th CH., 11 févr.2003, Com. Com. électr. 2003. act. n°61) was declared inapplicable on the American territory (United-State District Short for the Northern District off California, San Jose Division, Nov. 7, 2001, Com. Com. électr. 2002. Com. n°9) what limits their range singularly.

* ⁵⁰ Indeed, Michele FALARDEAU-RAMSAY, president of the Canadian Commission of the rights of the person, stress that «  the heinous propaganda and messages do not have their place in the Canadian company and as a tool of information of masses, Internet has a considerable incidence on our everyday lifes (...). We know now that Internet does not escape the laws and that this network cannot be used to promote hatred  » (CANADIAN COMMISSION OF THE RIGHTS OF THE PERSON, Internet site of heinous propaganda of Ernst Zundel is illegal, declared the court, Ottawa - on January 18, 2002, on line on  : < http://www.chrc-ccdp.ca/news-comm/2002/NewsComm180102.asp?&&l=e&l=f > (site visited on March 12, 2004).

* ⁵¹ In many countries, the law is not particularly centered on the judgment of «  hatred  », but the contents aim rather «  lending to controversy  » or «  in illicit matter  » (H. OF SANTIS, COp cit., note 16, p 7). The countries in particular choose, Europe, the option to penalize all the forms of racisms.

* ⁵² U. SIEBER, loc. cit., note 48.

* ⁵³ UEJF and Licra C. Yahoo  ! Inc. and Yahoo France, above mentioned, note 25  ; Public ministry, UEJF and other C. Jean-Louis C., CA Paris, 11th CH., December 15, 1999 in Alain BENSOUSSAN and Yann BREBAN, stop-tendencies of the Internet, Paris, edition Germs Sciences, 2000, p.22.

* ⁵⁴ Law on the freedom of the press of July 29, 1881, on line on  : Legifrance < http://www.legifrance.gouv.fr/WAspad/RechercheSimpleLegi > (site visited on March 12, 2004).

* ⁵⁵ Law n°90-615 of 13 July 1990 tending to repress any racist act, anti-semite or xenophobe, OJ July 14, 1990, p.8333  ; on line on  : Legifrance < http://www.legifrance.gouv.fr/WAspad/RechercheSimpleLegi > (site visited on March 12, 2004). The French government supported in the Faurisson business, that this specific law was made necessary, the theses negationnists escaping prohibition from discrimination or incentive to usually applicable hatred  : Faurisson C. France CCPR/C/58/D/550/1993.

* ⁵⁶ Law n°2003-88 of 3 February 2003 aiming at worsening the sorrows punishing the infringements in racist matter, anti-semite or xenophobe, J.O n°29 of February 4, 2003 p.2104.

* ⁵⁷ Dispatch Editions of the Juris-Sorter of January 27 and December 11, 2003, in line on the site Juris-Sorter < http://www.juris-classeur.com >.

* ⁵⁸ Charter of the basic rights of the European Union, (2000/C 364/01). It states in article 21 which is prohibited any discrimination based in particular on the sex, the race, the color, the ethnic or social origins, genetic characteristics, the political language, religion or convictions, opinions or any other opinion, the membership of a national minority, fortune, the birth, a handicap, the age where sexual orientation.

* ⁵⁹ Directive 2000/78/EC of the Council of bearing 27 November 2000 creation of a general framework in favor of the equal treatment de employment work, OJ E.C. n° L 303/16 dated the 2/12/2000  ; on line on  : europa < http://europa.eu.int/comm/employment_social/news/2001/jul/directive78ec_fr.pdf >  ; it was adopted into practice to put the principle of equal treatment between the people, whatever their ethnic or racial origin.

* ⁶⁰ See THE COUNCIL OF THE EUROPEAN UNION, Annual report of the European Union on the humans right, Secretariat-general, October 21, 2002, on line on  : europa < http://europa.eu.int/comm/external_relations/human_rights/doc/report02_fr.pdf > (site visited on March 12, 2004).

* ⁶¹ The European Observatory of the racist and xenophobe phenomena, located in Vienna, was created by Payment (EC) n° 1035/97 of the Council of June 2, 1997 (OJ E.C. n°L 151 of the 10/06/1997) and has an independent statute to fight against racism and xenophobia. The nerve center of the activities of the Observatory is the European Network of information on racism and xenophobia (RAXEN). It has as a task to collect data and information as well at the national level as European. See also the final Report/ratio of the European Commission heading Evaluation of the European Observatory of the racist and xenophobe phenomena, May 2002, on line on  : europa < http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/origin/eumc_eval2002_fr.pdf >  ; < http://www.eumc.at > (site visited on March 12, 2004).

* ⁶² Treaty establishing the European Community of 25 March 1957 as modified by the Treaty of Nice, signed in Nice on February 26, 2001, OJ E.C. n° C 80/1 of the 10/03/2001, on line on  : < http://europa.eu.int/eur-lex/fr/treaties/dat/nice_treaty_fr.pdf > (site visited on March 12, 2004).

* ⁶³ Article 13 of the treaty of EC provides that «  without damage of the other provisions of the treaty and in the limits of competences that this one confers on the Community, the Council, ruling unanimously on Commission proposal and consultation of the European Parliament, can take measurements necessary in order to fight any discrimination based on the sex, the race or the ethnic origin, the religion or the convictions, a handicap, the age or the sexual orientation  ». On the basis of this article, the Council adopted a Directive 2000/43/EC relating to the implementation of the principle of the equal treatment between the people without reference of race or ethnic origin. Moreover, in the Report/ratio of February the 24, and 25 2000 on the European Conference on the fight against racism at the European level (EUROPEAN UNION AGAINST RACISM, in line on  : europa < http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/pubdocs/confreport2000_fr.pdf > (site visited on March 13, 2004)) who lies within the scope of the Commission proposals presented in November 1999 on the basis of article 13 of the Treaty, the participants indicated their will to accelerate the application of this article in order to build a European company on the values of the tolerance and the basic rights.

* ⁶⁴ See the following addresses  : < http://europa.eu.int/comm/employment_social/fundamental_rights/prog/glines2_fr.pdf >  ; < http://europa.eu.int/comm/employment_social/fundamental_rights/docs/preinfo01_fr.pdf > (site visited on March 13, 2004).

* ⁶⁵ Resolution LMBO (2002) 8 relating to the statute of the European Commission against racism and the intolerance (ECRI) adopted by the Committee of the Ministers on June 13, 2002 at the time of the 799e meeting of Delegated Ministers, on line on  : The Council of Europe < http://www.coe.int/T/F/Droits%5Fde%5Fl%27homme/Ecri/1%2DECRI/ECRI_statut.asp#TopOfPage > (site visited on March 13, 2004).

* ⁶⁶ THE COUNCIL OF THE EUROPEAN UNION, Annual report of the European Union on the humans right, COp cit., note 60, p. 112.

* ⁶⁷ Convention on the cybercriminality, CO. n°: 185, Budapest, November 23, 2001, on line on  : Site of the Council of Europe < http://conventions.coe.int/Treaty/FR/Cadreprincipal.htm > (site visited on March 13, 2004).

* ⁶⁸ Additional protocol relating to the incrimination of acts of racist nature and xenophobe made by bais information processing systems, CO. n°  : 189, Strasbourg, January 28, 2003, on line on  : Site of the Council of Europe < http://conventions.coe.int/Treaty/FR/WhatYouWant.asp?NT=189 > (site visited on March 12, 2004)  ; See also for more information the site of  : International Network Against Cyber Hastens < http://www.inach.net/content/cctreatyaddexfr.html >  ; The AFA and the Council of Europe planchent on the illicit contents, November 9, 2001, on line on  : Newspaper of the Net < http://www.journaldunet.com/0111/011109fai.shtml > (site visited on March 12, 2004).

* ⁶⁹ International Convention on the elimination of all the forms of racial discrimination, (1969) 660 R.T.NU. 195  ; entry into force, January 4, 1969, on line on  : site of Office of the High Commission of the United Nations to the humans right < http://www.unhchr.ch/french/html/menu3/b/d_icerd_fr.htm > (site visited on March 13, 2004).

* ⁷⁰ See the site of Office of the High Commission of the United Nations to the humans right  : < http://www.unhchr.ch/pdf/reportfr.pdf > (site visited on March 13, 2004).

* ⁷¹ Declaration of the United Nations on the elimination of all the forms of racial discrimination, on line on  : site of Office of the High Commission of the United Nations to the humans right < http://193.194.138.190/french/html/menu3/b/9_fr.htm >; Declaration on the elimination of all the forms of intolerance and discrimination based on the religion or the conviction, in line on  : site of Office of the High Commission of the United Nations to the humans right < http://193.194.138.190/french/html/menu3/b/d_intole_fr.htm >  ; Declaration on the fundamental principles concerning the contribution of the bodies of information to the reinforcement of peace and international comprehension, with the promotion of the humans right and the fight against racism, apartheid and the incentive with the war, on line on  : site of Office of the High Commission of the United Nations to the humans right < http://193.194.138.190/french/html/menu3/b/d_media_fr.htm >; Declaration on the racial race and prejudices, on line on  : site of Office of the High Commission of the United Nations to the humans right < http://193.194.138.190/french/html/menu3/b/d_prejud_fr.htm > and Declaration of the rights of the people belonging to national minorities or ethnic, religious and linguistic, on line on  : site of Office of the High Commission of the United Nations to the humans right < http://193.194.138.190/french/html/menu3/b/d_minori_fr.htm > (site visited on March 13, 2004).

* ⁷² See its site with the following address  : < http://www.licra.org/ > (site visited le13 March 2004).

* ⁷³ R.C. Keegstra, [1990] 3 R.C.S. 697; See also Sylvette GUILLEMARD and Maxime ST-HILAIRE, 1982-2001 twenty years of great judgments of the Supreme Court of Canada  : 45 decisions chosen, presented and with accompanying notes, Montreal, Wilson and Lafleur, 2002, p.69  ; Michael GEIST, Internet Law in Canada, 3rd ED., Ontario, Captus Near, 2002, p. 172.

* ⁷⁴ Irwin Toy Ltd. C. Quebec (Attorney General), [1989] 1 R.C.S. 927.

* ⁷⁵ C.cr., above mentioned, note 44 and Loi of 2001 modifying the criminal right, L.C. 2002, C. 13 (Bill C-15A).

* ⁷⁶ Law on broadcasting, 1991, c.11  ; L.R.C., C.B-9.01.

* ⁷⁷ Canadian law on the rights of the person, L.R.C. (1985), c.H-6.

* ⁷⁸ Canadian charter of the rights and freedoms, left I the Constitutional Law of 1982 [appendix B of the Law of 1982 on Canada (1982, R.-U., C. 11)].

* ⁷⁹ Québécois charter of the rights and freedoms of the person, L.R.Q., c.C-12.

* ⁸⁰ C.cr., above mentioned, note 44  ; See the following articles  : on line on  : Network education media, heinous Propaganda and legislation, < http://www.media-awareness.ca/francais/enjeux/haine_sur_internet/haine_crime.cfm >  ; Analyze heinous sites, < http://www.media-awareness.ca/francais/enjeux/haine_sur_internet/reconnaitre_haine.cfm > (site visited on March 13, 2004).

* ⁸¹ In stop R.C. Goldman [1980] R.C.S. 976, the supreme Court of Canada studied the difference between the private communication and the private conversation.

* ⁸² An electronic babillard is «  a computerized service of exchange of information managed by an organization or a company, which one reaches by modem, and which makes it possible to the users to post messages and to answer it, to exchange files, to communicate with sets of themes groups and sometimes to connect themselves to Internet  ». Definition taken of the Québécois Office of the French language < http://www.oqlf.gouv.qc.ca/ > (site visited on March 13, 2004).

* ⁸³ Article 2 (b)  : «  Each one has following fundamental freedoms  : (b) freedom of thought, belief, opinion and expression, including and other the mean of communication freedom of the press  »  ; Charter Canadian of the rights and freedoms, above mentioned, note 78.

* ⁸⁴ R.C. Keegstra, above mentioned, note 73: the Court ruled that the provisions of the criminal Code which prohibit the diffusion of heinous matter violate the freedom of expression but are safeguarded by the article first Canadian Charter of the rights and freedoms  ; R.C. Andrews, [1990] R.C.S. 870.

* ⁸⁵ C. OUELLET, COp cit., note 20, p. 59  ; R.C. Zundel, [1992] 2 R.C.S. 731.

* ⁸⁶ Law Canadian on the rights of the person, above mentioned, note 77  ; Summary of the Canadian Law on the rights of the person  : provisions relating to heinous propaganda, on line on  : Network education - media < http://www.media-awareness.ca/francais/ressources/lois/canadien/federal/droit_personne/droit_personne_haine.cfm > (site visited on March 13, 2004).

* ⁸⁷ Article 13 of the Canadian Law on the rights of the person stipulates that constitutes a discriminatory act «  the fact for a person or a group to use or make use a telephone in a way repeated while resorting or while making resort to the services of a company of telecommunication coming under the responsibility of the Parliament to approach or make tackle questions likely to expose to hatred, the contempt or ridiculous of the people belonging to an identifiable group for a reason for illicit distinction  ».

* ⁸⁸ McAleer C. Canada (Commission of the rights of the person), [1996] 2 c.f. 345  : «  The paragraph 13 (1) violate article 2 of the Charter. (I) The violation is however justified under the terms of the article first because the objective of paragraph 13 (1), which is to promote the equal opportunity independently of the discriminatory considerations and, in the same way, to prevent the gravity of the damage caused by heinous propaganda, is sufficiently important to justify the exemption from the freedom of expression  »  ; Canada (Commission of the rights of the person) C. Canadian Liberty Net, [1998] 1 R.C.S. 626.

* ⁸⁹ Charter Québécois of the rights and freedoms of the person, above mentioned, note 79.

* ⁹⁰ The Center for the equal opportunity and the fight against racism underlined in his annual report of 2002 that the complaints - relating to racism on Internet- are unceasingly in increase  ; on line on  : Center for the equal opportunity and the fight against racism < http://www.antiracisme.be/fr/cadre_fr.htm > (site visited on March 13, 2004).

* ⁹¹ See the management Report of THE ADVISORY NATIONAL COMMISSION OF THE HUMANS RIGHT, the fight against racism and xenophobia, 2002, on line on  : French Documentation < http://www.ladocumentationfrancaise.fr/BRP/034000129/0000.pdf > (site visited on March 13, 2004).