Claire Poirson’s Interview | Under what conditions can the French Government block access to a social media platform?

Can access to a social media platform be blocked to prevent disturbances to public order?

Our partner Claire Poirson was interviewed on C dans l’air, broadcast on France 5, to discuss the legal framework governing proposals to block access to social media platforms in the context of ongoing demonstrations.

The French Conseil d’État (Supreme Administrative Court) has ruled that such a measure may be considered in exceptional circumstances, provided that it is strictly limited in time and geographical scope, and that no less restrictive technical or legal measures are available.

However, the fundamental principle remains: in a democracy, access to entire social media platforms cannot be blocked for the purpose of preventing demonstrations.

By contrast, existing legislation already allows authorities to target specific accounts or content inciting insurrection, riots or looting, subject to compliance with the applicable legal procedures and safeguards.

The debate has now taken on a new legislative dimension, as the French Government is seeking to require social media platforms to remove calls for insurrection within one hour, upon a simple request from the administrative authorities.

This is the purpose of an amendment tabled before the French Senate on 26 October, as part of the proposed legislation known as the “casseurs payeurs” bill (aimed at holding rioters financially accountable). Failure to remove the content within one hour could result in the platform being blocked in France.

To justify this mechanism, the Government is seeking to rely on the EU Regulation addressing the dissemination of terrorist content online.

However, the proposed amendment faces three major legal obstacles:

• The EU Regulation in question provides for a one-hour removal deadline exclusively for terrorist content, not for calls for insurrection;

• EU law already strictly regulates the measures that may be taken against social media platforms established in another EU Member State, as is the case for many major platforms based in Ireland;

• The European Court of Human Rights considers that blocking access to an entire website constitutes a particularly serious interference with freedom of expression.

At this stage, the Government’s reliance on EU law therefore appears legally questionable, as would any measure aimed at blocking access to an entire major social media platform.

A significant French precedent must also be recalled: in 2020, the French Constitutional Council struck down provisions of the Avia Law requiring certain content to be removed within one hour upon a simple request from the administrative authorities.

This highlights an essential distinction between maintaining public order, combating illegal online content and safeguarding fundamental freedoms — a balance that lies at the heart of contemporary digital law.

To watch the interview,(from 00:52:10), click here