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
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@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,
--Naphsica PAPANICOLAOUChargée de plaidoyer-------------------------------------------------------------------------
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