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

Section II : The development of a world regulation of Internet network

Internet network poses important problems of applicability of the laws. Indeed, certain laws prohibit publicity for alcohol whereas in other countries, that is completely licit. The countries thus have legislations based on social designs and different morals what does not contribute to the installation of an effective regulation of the network. Consequently, the fight against the illicit contents must be based on an international co-operation, true solution to be only developed in the long run on Internet where the borders do not exist (§1). Associations and the private sector play for the moment a dominating part in this regulation (§2).

Paragraph 1 : International co-operation : a solution to be developed

The international co-operation seems to be the solution to be developed so that the fight against the illicit contents is really effective. The international organizations noticed it and thus intervened by the means of various means in order to work out the bases of an international law of Internet (A). Recently, the States succeeded in getting along and wrote a Convention on the cybercriminality (B).

A) Interventions of international organizations

The States felt the need to intervene to try to stop this phenomenon of the illicit contents. They tried to release from the common points applicable on the network at the international level (1). The European Community also intervened in order to endeavor to harmonize the rules adapted to Internet (2).

1) The international level

The presence of illicit contents on Internet network found an echo for its eradication. Indeed, the international authorities by the means of many measurements and texts intervened, in general, at the beginning of the appearance of the phenomenon. One of the disadvantages is that there are only co-operations based on the voluntariate of the countries. No sanction or constraint is envisaged. This absence of obligatory force did not make it possible to release from really effective solutions in what milked with the removal of these contents. However, the means recommended by these last are always the same ones nowadays.

An international Working group on the classification of the contents (International Working Group one Content Rating) initially was made up to examine the possibility internationally of setting up an applicable system of marking of the contents. It supports self-regulation to avoid the risks of censure by the State and thus to take into account the various cultural contexts.

An international Network of experts on the contents of the Internet was also set up for a autoreglementation of the responsibility and control on the network. The objectives of this Network of experts are to put forward the best practices based on self-regulation and to improve the co-operation between the countries.

Two international organizations, the Organization for Economic Cooperation and Developm (OECD) and UNESCO intervened to support the co-operation between the countries. The first expressed its wish to control the contents diffused on the network. It wrote hot lines on July 25, 2002 to govern and promote the safety of the systems and networks of information and, to reinforce sensitizing with the risks^566(*). Recommendations will be put forth for the Member States. Second organization, UNESCO, also instituted principles in order to support the international co-operation between the States and of working out applicable common principles on the network. It recommends that the multilingualism on Internet is preserved. November 30 and December 1, 1999 was held with UNESCO the world Summit of the regulators of the Internet which supports the coregulation. Moreover, January the 18, and 19 1999 took place an international meeting of experts concerning « sexual exploitation of the children, pornography implying of the children and pedophilia on the Internet : an international challenge ». Lately, the world Summit on the company of information (SMSI) proceeded from the 10 to December 12, 2003 in Geneva^567(*). On this occasion, a report/ratio was elaborate whose objective relates to the state and the evolution of the company of information and the knowledge^568(*). At the time of this Summit, the right to the freedom of thought and expression was reaffirmed and the creation of a working group on the governorship of Internet was required^569(*).

Canada approached other governments in order to limit the presence of the illicit contents on the network since already a good moment. It joined the United States in 1998 to organize the Forum on the autoreglementation of the contents in the Internet held under the aegis of OECD. Canada also took part in the international conference on the fight against the infantile pornography on the network in 1999, the need for stopping the hatred on Internet in 2000 and in the world Conference of the United Nations against racism, racial discrimination, xenophobia and intolerance in 2001.

As we could underline it, Internet network is not a space without right and the countries, with in particular the international organizations, have as of the beginning shown a serious interest in the fight against the presence of illicit contents on Internet network. The same applies with regard to the European Community.

* ⁵⁶⁶ RECOMMENDATION OF THE COUNCIL OF OECD, hot Lines of OECD governing the safety of the systems and networks of information  : Towards a culture of safety, July 25, 2002, on line on  : < http://www.oecd.org/pdf/M00034000/M00034292.pdf > (site visited on March 1, 2004).

* ⁵⁶⁷ The next SMSI will be held in Tunis in 2005.

* ⁵⁶⁸ STATISTICAL INSTITUTE Of UNESCO, To measure the state and the evolution of the company of information and the knowledge  : a challenge for the statistics, world Summit on the company of information (SMSI), Montreal, 2003, on line on  : site of UNESCO < http://www.uis.unesco.org/ev_fr.php?ID=5504_201&ID2=DO_TOPIC > (site visited on March 1, 2004).

* ⁵⁶⁹ UNESCO, the SMSI close the first phase of its work by the adoption of a statement of principles and an action plan, Press release PI?G?1540, December 12, 2003, on line on  : < http://www.un.org/News/fr-press/docs/2003/PIG1540.doc.htm > (site visited on March 1, 2004).