Hi Lodewijk,
It's a very good question and I will try to be as clear as I can.
So, in the text of the Committee on Cultural Affairs and Education of
the National Assembly, Article 2 provided for the insertion of an
Article 6-6 in the LCEN, which read as follows: "I.- Providers of online
social network services operating in France are required to prevent
minors under the age of 15 from registering for their services (...)".
The text thus speak of "registration" to the service, which is quite
logical insofar as it targets social networks and the latter generally
require prior registration to be able to use them (even if it is
possible to access public Tweets, for example, without having an
account). The text did not speak of "access" to the service. We can
deduce from this that it is therefore during the registration that the
control should be done.
For Wikipedia, we can imagine that the term "registration" also
indicates that the control will have to be done during this step and not
during the simple access. In other words, if this reading is correct,
simple "visitors" under 18 years old could still access the encyclopedia.
Have a great day,
Naphsica
Le 29/03/2023 à 08:45, L.Gelauff a écrit :
Thanks for sharing!
What is not entirely clear to me, is whether this draft would concern
itself with people who create an account, or any visitors of a
website. In your email you seem to suggest the former, in the article
linked in the tweet, the latter seems suggested. But I'm relying on
automated translations and brief summaries, so I may very well miss a
nuance :)
Is this clear in the proposed law?
Lodewijk
On Tue, Mar 28, 2023 at 1:20 AM Naphsica Papanicolaou
<Naphsica.Papanicolaou(a)wikimedia.fr> wrote:
Hi everyone,
For your information, Wikimedia France is working on opposing a
French proposed law that would require parental consent for U15s
accounts on "social networks". The text is currently using the
definition of the DMA without the exemptions provided. So, that
could catch our projects and especially Wikipedia.
Wikimedia France has developped a written brief and engaged with
parliamentarians. At the National Assembly, the Commission in
charge of the file has written in its report that the online
encyclopedia should not be concerned by this law. In France, the
judge can refer to this kind of document to make a decision, but
it is not at all mandatory for him. So, it is not a strong enough
protection in our opinion.
We will then try, during the second reading in the Assembly, that
the exclusion of Wikipedia will be tabled by an amendment and will
be written concretely into the text. We are currently talking with
some senators to table an amendment to this effect. However, with
the national reform and the massive strikes currently in France,
we do not yet have the date when the text will be debated in the
Senate.
Also, we provided some responses to a BFM journalist :
https://twitter.com/NaphsicaP/status/1639258248913223681 . Do not
hesitate to share that we could have even more visibility.
Have a great day,
--
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