29/09/2023, 12:35 SANCHEZ v. FRANCE - 45581/15 (Judgment : No Article 10 - Freedom of expression-{general} : Grand Chamber) [2023] ECHR 418 (1… Law no. 2009-669 of 12 June 2009 (see paragraph 36 above), with the addition of a fifth and last paragraph in section 93-3. This paragraph sought specifically to regulate the liability of the publication director in such a situation. Ultimately, in addition to the 2009 reform amending section 93-3, both the Constitutional Council and the Court of Cassation have extended the benefit of the last paragraph of section 93-3 to the producer (see paragraphs 40 and 41 above). 132. The applicant, however, in addition to submitting that the concept of producer was not defined by the law in relation to social networks, argued that the application of section 93-3 of Law no. 82-652 of 29 July 1982 on audiovisual communication and his conviction as producer had not been foreseeable and that prior notification to the producer was required in order to ensure legal certainty (see paragraphs 90 and 91 above). 133. The Court would particularly emphasise the fact that, further to a preliminary reference on the question of constitutionality (QPC) concerning a difference in treatment between the publication director, the only actor referred to in section 93-3 inserted by Law no. 2009-669 of 12 June 2009, and the producer, the Constitutional Council provided some key explanations in its decision no. 2011-164 QPC of 16 September 2011 (see paragraph 40 above). First, as regards the definition of the concept of “producer”, it referred to the interpretation given by the Court of Cassation in its judgments of 16 February 2010 (see paragraph 38 above). Secondly, the Constitutional Council formulated an interpretative reservation whereby section 93-3 of Law no. 82‑652 of 29 July 1982 could not be interpreted as allowing the creator or administrator of a website for online communication to the public, which made comments by Internet users publicly accessible, to be held criminally liable as producer solely on account of the content of comments of which he or she had no knowledge before they were posted online. Accordingly, the effect of its interpretative reservation is to allow the application to the producer of the same mitigated liability regime as that granted to the publication director under the fifth and last paragraph of section 93-3. 134. The Court finds, first, that the definition of producer within the meaning of Law no. 82-652 of 29 July 1982 emerges from a consistent line of decisions of the Court of Cassation, as subsequently endorsed by the Constitutional Council (see paragraphs 38, 40 and 133 above), in terms that are clear and unequivocal. It is therefore of the view that no question arises in this connection concerning the lawfulness of the interference. https://www.bailii.org/eu/cases/ECHR/2023/418.html 56/100