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

Paragraph 2 : The ambitious step of associations and the private sector : an important role on the network

Internet network, as we already could underline it, was autoréglementait at the beginning by the means of the participation of associations and the private sector who have it, thereafter, maintained. For this reason associations preserve a very important ground of action on the network (A). The legislations as well as the international organizations recognize that the private sector must also play an important part for a better regulation of the illicit contents circulating on Internet (B).

A) The dominating intervention of associations

Associations were always very present on the network and can be, even more in France where they have a true capacity of dissuasion. Indeed, during one moment, no French filmographic distributive firm seemed to want to take the risk to distribute new film of Mel GIBSON, the passion of Christ, fear of seeing itself convened in front of the courts by various Jewish associations or of fight against racisms, the revisionism and the anti-semitism. This example illustrates the dominating and dissuasive capacity well associations in France and that, as well in the real world as in that virtual.

Associations on Internet take primarily two forms. They can be specialized or to represent the civil company^579(*). In the first case, these associations were the pionnières of the network by playing a very important part. Many applicable rules on Internet resulted from these last which are very active. They allow the development of principles and behavior to be adopted by the Net surfers by the means in particular of codes of good control or Charters of behavior. Certain associations develop public meetings or discussions in order to be used as relay with the governmental authorities and the actors of the network. It is in these places that a good share of the future of the regulation of Internet network is defined. For example, association Let us imagine an Interdependent Internet network (IRIS)^580(*) as well as Vivre association the Net^581(*) protect freedoms from the Net surfers. The first currently calls into question new French Project^582(*) LEN. It considers that it is liberticide and that it should be amended. It also shows reserves towards Convention on the cybercriminality.

In the second time, there are associations of the civil company which intervene in the field of the Humans right. They deal more particularly of the freedom of expression on the network^583(*) and with the illicit contents. They denounce the serious infringements of the basic rights and sometimes, the presence of an official regulation on the network. Many countries have this kind of associations which preach the freedom of expression on the network. For example, association LICRA^584(*) in France conducted many campaigns of fight against the racist remarks and revisionists on Internet. In Canada, a non-profit-making nongovernmental organization, ÉducationMédias Network^585(*), inform the families, the schools and the communities of the country about the media. It aims to better making known Internet with the Net surfers and its dangers. An international Coalition for Freedoms on Internet ( GILC : Total Internet Liberty Campaign)^586(*) was installation. It gathers a great number of association^587(*) of everywhere in the world.

The regulation of Internet network above all is worked out by the associative groupings which work out the great principles and thus found rules to be followed. These rules have role always such an important even in the presence of new legislations, since they can evolve/move at the same time as new technologies. The private sector has, him also, its share to be played in this regulation of the illicit contents diffused on the network.

* ⁵⁷⁹ C. PAUL, COp cit., note 17, p.60.

* ⁵⁸⁰ < http://www.iris.sgdg.org > (site visited on January 15, 2004).

* ⁵⁸¹ < http://www.vivrele.net/ > (site visited on January 15, 2004).

* ⁵⁸² Project of LEN, above mentioned, note 227  : deposited on January 15, 2003, on line on  : site of the French National Assembly http://www.assemblee-nat.fr/12/projets/pl0528.asp (site visited on January 15, 2004).

* ⁵⁸³ Examples of associations of defense of the freedom of expression on Internet  : F.A.C.T. Net Inc., EFF (Electronic Frontier Foundation), Information center on Life-private Electronics (Electronic Privacy Center Information), Total Countryside for Freedom on Internet (Total Internet Liberty Campaign)...

* ⁵⁸⁴ < http://www.licra.org/ > (site visited on January 15, 2004).

* ⁵⁸⁵ < http://www.media-awareness.ca/francais/index.cfm > (site visited on January 15, 2004).

* ⁵⁸⁶ < http://www.gilc.org/ > (site visited on January 15, 2004).

* ⁵⁸⁷ See the list of the members  : < http://www.gilc.org/about/members.html > (site visited on January 15, 2004).