MPs adopt laws after last "procrastination"

It is one o'clock in the morning, on the night of Tuesday to Wednesday, when the Assembly finally adopts the two bills on the "false news", "fake news" in English. After hours of a very tense debate, the vote is less wide than expected: the first of the two laws was adopted by 52 votes against 22 in the early evening, the second text was approved by 54 votes against 21. And , if all the elected representatives of the majority (The Republic in progress and MoDem) voted these texts, they modified them until the end.

Also to read – Law against fake news: hunt for the false information or new censorship?

The examination of the two controversial proposals against the "manipulation of information" during an election period had already been suspended in June. On Tuesday, the debate resumed for a final meeting concluded by both votes. The purpose of these texts – an ordinary law concerning European and legislative campaigns and an organic law dedicated to the presidential election – is to allow a candidate or party to appeal to the judge of summary judgment to stop the dissemination of "false information. "during the three months preceding a national poll. These laws impose transparency obligations on digital platforms (Facebook, Twitter, etc.) when they broadcast content for remuneration.

A risk of censorship of the Constitutional Council evoked

The Minister of Culture, Françoise Nyssen, has praised "a balanced text", "effective and up to the stakes", "precious to better protect our democracy", judging the "sometimes lively but indispensable debates" and regretting "the attacks of the extreme right against the press, against the judges, against the school ". Always "hostile" right and left have regretted a text, at best "inapplicable" and "ineffective" given the speed of spread on social networks by sites often based "abroad" at worst "dangerous for freedom

A risk of censure by the Constitutional Council was raised. And for good reason, the very definition of "false news" has been the subject of many "procrastination", a term used by the opposition of right and left, until the votes of the texts. At the beginning of June, the rapporteur of the text, the Member of Parliament on the march (LREM) Naïma Moutchou, had a new wording late in the vote: "Any allegation or imputation of a fact, inaccurate or misleading, constitutes false information."

Tuesday , the deputies have, by government amendment, stipulated that the procedure for interim relief concerns the dissemination of false information in a "deliberate manner", not only "in bad faith". The goal is to put an end to "an objective disturbance" during an election period, the minister pleaded, hammering that "it is not intended in any case the authors of false news, but their dissemination" platforms.

Before "proportionate and necessary" measures, such as blocking the site, the judge hearing the application for interim relief will have to badess, within 48 hours, whether this false information is disseminated "in an artificial or automated" and "mbadive" way. Journalists' unions and the media have denounced the risk of legitimizing false information if the judge does not have the elements to prohibit it.

A battle of amendments in the margins of the text

The platforms should indicate in particular the amount paid, establish a system allowing users to report false information, be more transparent on their algorithm, under the watchful eye of the Superior Council of audio-visual (CSA). Those that exceed a certain volume of connections per day will have to have a legal representative in France, stipulates a LREM amendment voted Tuesday night. Another LREM amendment, supported by the government, intends to oblige platform operators to make their algorithms public.

The CSA may also prevent, suspend or interrupt the broadcasting of television services controlled "by a foreign state or under the influence of that State ", and undermining the fundamental interests of the nation," including the regular functioning of its institutions ". "To leave to the CSA the keys of the censorship is extremely dangerous", objected in particular Emmanuelle Ménard, related to the FN. The rebellious Eric Coquerel has criticized "a right of geopolitical censorship", the communist Elsa Faucillon deeming that "international relations can not pbad" by this vehicle.

The strengthening of media education, supported even by the PS and LFI, has sparked lively exchanges, especially between Marine Le Pen and the majority, and between the boss of the National Gathering and Jean-Luc Mélenchon, leader of the Insoumis. In a series of rejected amendments, the rebels finally defended a "national council of journalistic ethics". Without "opposition in principle", Françoise Nyssen said "not in favor of a body created unilaterally by law" and insisted on "a broad consultation" to come. One way, for the Minister of Culture, to postpone a debate that promises to be as hung up.

(With AFP)