Interview Le Figaro – Kick case: why the courts may decide to allow the platform to remain accessible in France

Our partner Claire Poirson was interviewed by Le Figaro ahead of the 19 December 2025 decision of the Paris Judicial Court.

⚖️ By way of reminder, following the live-streamed death of Jean #Pormanove (Raphaël Graven) last August, the Australian streaming platform #Kick is facing a dual set of legal proceedings in France:

– a criminal investigation, still ongoing, examining the potential liability of the platform’s executives for facilitating the dissemination of illegal content;

– a civil proceeding, based on the French Law on Confidence in the Digital Economy (#LCEN), with a decision expected this Friday, 19 December.

🔍 At the hearing held on 26 November, the French State sought particularly far-reaching measures, including the blocking of the platform in France for six months — a request raising major legal issues.

👉 As recalled by Claire Poirson, partner and founder of FIRSH, such a blocking order would constitute an exceptional measure, subject to a very strict proportionality review by the courts, notably in light of freedom of expression and freedom to conduct a business, both of which enjoy constitutional protection.

⚖️ In this case, the disputed content has already been removed, and the summons concerns only specifically identified videos, which significantly weakens the legal basis for a blanket ban on the platform. The public prosecutor has, moreover, considered that a total blocking would be disproportionate, favouring instead targeted measures.

📌 While Kick may therefore avoid suspension in France on civil law grounds, the matter is far from over: the criminal proceedings are ongoing, with significant potential exposure for both the platform and its executives.

➡️ A closely watched decision, illustrating the delicate balance between combating illegal online content and protecting fundamental freedoms in the digital age.

🔗 Link to the article:  https://www.lefigaro.fr/actualite-france/mort-en-direct-du-streamer-jean-pormanove-pourquoi-la-justice-pourrait-decider-du-maintien-de-la-plateforme-kick-en-france-20251219