Cases No 389140 and 389896, Association French Data Network, et al
Case Law- Country
- Country Location
Latitude: 46.808568018841505
Longitude: 2.799314618110868
- Country Location (linked Case Law)
- France
- Decision Date
- Feb 15, 2016
- Case Status
- Closed
- Case Outcome (Procedural)
- Motion Denied
- Case Outcome (Disposition)
- Administrative or Provisional Measures Restricting FoE
- Law or Action Upheld
- Keywords
- Internet Service Providers
- National Security
- Terrorism
- Judicial Body
- Supreme Court (court of final appeal)
- Case Number
- 389140 and 389896
- Case Summary
Two French NGOs working for on-line freedom of expression, and the French Association of Internet Service Providers, along with ARTICLE 19, the British freedom of expression NGO (in a different brief), challenged in front of the French Conseil d'Etat two decrees adopted in 2015. The decrees permit the administrative blocking of websites that condone terrorism and child pornography and their de-referencing by search engines. (The Conseil d'Etat is a body of the French national government that acts both as legal adviser of the executive branch and as the supreme court for administrative justice.) The Court ruled that the administrative measures were lawful and did not violate freedom of expression as enshrined in Article 10 of the European Convention on Human Rights ("ECHR") because, among other reasons, there was no European Convention requirement that blocking be ordered by a judge and no evidence that the state was exploiting personal data.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Related Law
- Source URL
- Columbia Global Freedom of Expression