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Law on confidence in the digital economy (LEN): first jurisprudence on the responsibility of hosting companies picks holes in concept of “manifestly illegal” content

first_img News News FranceEurope – Central Asia The central Paris court handed down a first explicit decision on the Law on confidence in the digital economy (LEN), that judges an Internet hosting provider’s responsibility for content. The case demonstrated the difficulty of applying the concept “manifestly illegal” content, as introduced by the LEN. Follow the news on France Help by sharing this information RSF denounces Total’s retaliation against Le Monde for Myanmar story November 17, 2004 – Updated on January 20, 2016 Law on confidence in the digital economy (LEN): first jurisprudence on the responsibility of hosting companies picks holes in concept of “manifestly illegal” content FranceEurope – Central Asia News to go further “We’ll hold Ilham Aliyev personally responsible if anything happens to this blogger in France” RSF says June 4, 2021 Find out more Receive email alerts Use the Digital Services Act to make democracy prevail over platform interests, RSF tells EU May 10, 2021 Find out more News June 2, 2021 Find out more The central Paris court on 15 November 2004 handed down a first explicit decision on the Law on confidence in the digital economy (LEN), that judges an Internet hosting provider’s responsibility for content – and found in favour of the provider.The case concerning the 1915 Armenian genocide and pitting the Armenian National Committee (CDCA) against the Turkish consul in France and Wanadoo, demonstrated the difficulty of applying the concept “manifestly illegal” content, as introduced by the LEN law.The CDCA had laid a complaint against Turkish consul in Paris, Aydin Sezgin, and against Wanadoo in connection with articles contesting the Armenian genocide on the consulate’s website (http://perso.wanadoo.fr/tcparbsk/). The court explicitly referred to LEN in assessing Wanadoo’s responsibility “in the light of the interpretation contained in the decision of the Constitutional Council on 10 June 2004”.Reporters Without Borders has constantly campaigned against the responsibility of providers established by LEN. Since the law’s adoption, it has urged judges to show extreme vigilance in its interpretation. “The law imposes on technical providers the obligation to decide on the legality of content to which they provide access and effectively to take over the work of the courts. The Constitutional Court that ruled on the law had limited the responsibility of providers by introducing the concept of ‘manifestly illegal’ content. But the CDCA case against Wanadoo demonstrates that the concept is too vague to effectively protect freedom of expression. Deciding on the legality of content turns out to be an arduous business, which cannot be accepted by providers, particularly smaller ones,” said the organisation. The entire case rested on the question: “Does contesting the Armenian genocide constitute a manifestly illegal act? To reach a decision the court had to examine a variety of national and international legal texts produced by the Armenian association. These were: the 1881 press law; the statutes of the international military court annexed to the London agreement of 8 August 1945; the French law of 29 January 2001 recognising the Armenian genocide; the international convention for the prevention and repression of genocide adopted by the UN on 9 December 1948 and an 18 June 1987 resolution of the European Parliament. The judges even went so far as to check the minutes of parliamentary sittings.The court finally decided that nothing in these texts confirmed that contesting the Armenian genocide was manifestly illegal. The decision exonerated the provider from any responsibility in the case. Nevertheless the court had to examine three international texts and two French laws to reach a decision. What would have been the judges’ decision if one of the international conventions stipulated that Armenian genocide was not contestable? Would the court have then decided that providers were responsible. The question is far from rhetorical. The judgement given seems to suggest that the provider should, if faced with this type of content, check its legality in the light of national laws and also international legal texts. Certainly ignorance of the law is no excuse but is it reasonable to believe that providers, particularly the smaller ones would be able to handle such a task?According to Lionel Thoumyre, who works for the French consultative group ‘Internet Rights Forum’, the interpretation of the concept “manifestly illegal” should only be applied in relation to the degree of legal competence that one could expect from a provider. With this kind of interpretation, it would be easier to prove that the provider, who could not be considered an expert in international law, was not responsible in this case. It seems however that this ruling, even if favourable to the provider, demonstrates more fundamentally that the legal responsibility on providers is too heavy, despite the protection of the phrase “manifestly illegal”. In wanting to put companies in the place of judicial authorities, the legislator has opened a Pandora’s Box the consequences of which will gradually make themselves felt. The risk of advance censorship of the Internet by its technical providers remains on the agenda.Responsibilities established by the LENThe Constitutional Council made its ruling on 13 June 2004, on the Law on confidence in the digital economy. It reaffirmed the principle of legal responsibility of providers in cases where the illegal content has been drawn to their attention. Even though this step established a system of private justice on the Internet, the council took the view that it conformed to the European directive on which the French law was based. It however toned down the law as voted by parliament, to the effect that providers could only be held responsible if a judge had ruled the content illegal or if a web page was “manifestly illegal”. This last point picked up a recommendation from the Internet Rights Forum, providing judges with limits to this law of responsibility. This meant that French jurisprudence only recognises as “manifestly illegal” content involving revisionist statements, child pornography, justification of war crimes and so on. It therefore became unlikely that service providers would be convicted for posting defamatory articles, for example. RSF_en Organisation last_img read more

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Nine England amateurs teeing up in LETAS event

first_img Nine leading England amateurs are teeing up alongside the professionals today in the WPGA International Challenge on the LET Access Series.They include English amateur champion Georgina Blackman (pictured) and they are among a field of 108 players from 17 different countries. The 54-hole event takes place at Stoke by Nayland Golf Club on the Suffolk/Essex border.Blackman (Chelmsford) is joined by Emily Brennan (Trentham), Cara Gainer (Castle Royle), Caley McGinty (Knowle), Charlotte Heath (Huddersfield), Thalia Kirby (Stoke Park), Ebonie Lewis (Long Ashton), Georgia Price (Bude & North Cornwall) and Emily Toy (Carlyon Bay).Blackman, 22, won the English women’s amateur in a tense finish at Wilmslow and was in England’s team at the Women’s Home Internationals.Brennan, 19, was runner-up in the St Rule Trophy and a semi-finalist in the English women’s matchplay.Gainer, 22, was the 2017 English women’s match play champion and was fourth in this season’s English women’s open.McGinty, 17, has just won the Liphook Scratch Cup by seven shots and has had consistently high finishes all season.Heath, 16, won the girls’ title at the Sir Henry Cooper Junior Masters and was a semi-finalist at the British girls’ championship.Kirby, 17, was third in the Welsh women’s open championship and seventh in the Liphook Scratch Cup.Lewis, 17, was in England’s winning team at the Girls’ Home Internationals – as was Heath – and was third at the Irish women’s open.Price, 24, is a member of the England Golf women’s squad and was fourth in the English women’s open amateur championship.Toy, 20, was fourth in the English women’s amateur, is a past English girls’ champion and, as an Exeter University student, has an impressive university golf record.Stoke by Nayland is hosting the Challenge for the sixth time. It continues until Saturday and is the only LETAS event to be staged in the UK this year. The strong field will chase a €35,000 prize fund and also the goal of gaining an exemption on to the Ladies European Tour for next season. Tags: Access Series, International Challenge, LET, WPGA Image copyright Leaderoard Photography.center_img 13 Sep 2018 Nine England amateurs teeing up in LETAS event last_img read more

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BOLO, BAL A BALI & OM HEADLINE GRADE I, $400,000 FRANK E. KILROE MILE (TURF) THIS SATURDAY AT SANTA ANITA

first_imgBOLO: Idle since July 4, trainer Carla Gaines’ star student on turf unfurled a career-best effort in winning the Grade II, one mile turf Arcadia Stakes Feb. 13. Although favored Obviously shook loose around the far turn and the Arcadia appeared a fait accompli, Bolo kept to his task under Flavien Prat to win going away. A 4-year-old colt by the Dynaformer stallion, Temple City, Bolo, who was third in last year’s Grade I Santa Anita Derby, is a perfect three for three over the Santa Anita turf. Owned by Golden Pegasus Racing and Earle I, Mack, LLC, he has four wins from nine overall starts and is likely being pointed to the Grade I Breeders’ Cup Mile here at Santa Anita in November. With Prat committed to ride Bal a Bali, Mike Smith, who guided him to a pair of wins as a 2-year-old, will take over on Saturday. OM: Trained by Dan Hendricks and owned by the Sareen Family Trust, Om was an impressive winner over the course of the Grade II Mathis Brothers Mile on Dec. 26, but never threatened when third, beaten three lengths, in the Grade II, one mile turf Arcadia Stakes on Feb. 13. Blessed with an abundance of natural speed, the 4-year-old Kentucky-bred colt by Munnings is two for three at a mile on grass and has three wins from four tries over the Santa Anita turf.THE GRADE I FRANK E. KILROE MILE FIELD IN POST POSITION ORDERRace 6                   Approximate post time, 2:30 p.m. PTOm – Gary Stevens – 124What a View – Kent Desormeaux – 124Bal a Bali – Flavien Prat – 124Bolo – Mike Smith – 124Kenjisstorm – Edwin Maldonado – 124Midnight Storm – Victor Espinoza – 124De Treville – Tyler Baze – 124 BAL A BALI: Trained by Richard Mandella, this 6-year-old Brazilian-bred horse cuts back a furlong in distance off of a sharp third in the Grade II, 1 1/8 miles turf San Gabriel Stakes Jan 2. Best suited at the Kilroe distance, he’s six for nine at one mile on grass. A multiple Group I winner in Brazil, Bal a Bali, who was ridden by Flavien Prat, was an impressive winner of his U.S. debut in the Grade III, one mile turf American Stakes here on May 9, 2015. Owned by Fox Hill Farms, Inc. and Siena Farms, LLC, Bal a Bali has 13 wins from 18 overall starts.center_img ARCADIA, Calif. (March 9, 2016)–Top turf horses Bolo, Bal a Bali and Om headline a field of seven older horses in Saturday’s Grade I, $400,000 Frank E. Kilroe Mile (turf) at Santa Anita. Named for the late Frank E. (Jimmy) Kilroe, Santa Anita’s innovative, longtime Director of Racing, the Kilroe will be run for the 57th time on Saturday.last_img read more

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World leaders line up to bid Mandela farewell

first_img9 December 2013Some 70 heads of state have confirmed that they will be attending the memorial service for the late Nelson Mandela, South Africa’s Department of International Relations and Cooperation reported on Monday.The memorial service, to be held at FNB Stadium in Johannesburg on Tuesday, is shaping up to include one of the biggest gatherings of world leaders in history.US President Barack Obama, French President Francois Hollande and British Prime Minister David Cameron will be among those attending the memorial service, along with former US presidents George W Bush, Bill Clinton and Jimmy Carter.Department of International Relations: list of heads of state and royalty travelling to South Africa to bid farewell to Nelson MandelaThe government has been working around the clock on the preparations for the event, with most of the world leaders due to arrive in South Africa on Monday.“The world literally is coming to South Africa,” Clayson Monyela, head of public diplomacy for the Department of International Relations and Cooperation, told reporters in Pretoria on Monday morning. “On the numbers for the memorial service, we are sitting at over 70 heads of state and government in office and we are looking at 10 for former heads of state and government.”Monyela said the large number of high-profile guests was unprecedented.“I don’t think it has ever happened before,” he said, adding that the United Nations would be represented by UN Secretary-General Ban Ki-Moon, the African Union by AU Commission Chairperson Nkosazana Dlamini Zuma, “and we have princes and princesses, kings and queens coming”.Monyela said it was a tough task logistically, but that the government was up to the challenge and would ensure that everything went according to plan.The majority of international guests will not travel to Qunu in the Eastern Cape for Mandela’s funeral, which is taking place on Sunday, 15 December.For the memorial service, once the venue is full, people will be redirected to three other stadiums that will be broadcasting the event on giant screens: Ellis Park in Johannesburg, and Orlando Stadium and Dobsonville Stadium in Soweto.Cars will not be allowed near the stadiums, but special bus and train services will be running. The event is scheduled to start at 11am, with the stadium entrances scheduled to open at 6am.Source: SAnews.gov.zalast_img read more

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Herniated disk repair

first_imgWhen the soft, gelatinous central portion of an intervertebral disk is forced through a weakened part of a disk, it is a condition known as a slipped disk. Most herniation takes place in the lumbar area of the spine, and it is one of the most common causes of lower back pain. The mainstay of treatment for herniated disks is an initial period of rest with pain and anti-inflammatory medications followed by physical therapy. If pain and symptoms persist, surgery to remove the herniated portion of the intervertebral disk is recommended.Review Date:4/16/2013Reviewed By:C. Benjamin Ma, MD, Assistant Professor, Chief, Sports Medicine and Shoulder Service, UCSF Department of Orthopaedic Surgery. Also reviewed by David Zieve, MD, MHA, Bethanne Black, and the A.D.A.M. Editorial team.last_img read more

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22 days agoSpurs midfielder Sissoko slams Pochettino tactics: We’re exhausted!

first_imgAbout the authorFreddie TaylorShare the loveHave your say Spurs midfielder Sissoko slams Pochettino tactics: We’re exhausted!by Freddie Taylor22 days agoSend to a friendShare the loveTottenham Hotspur midfielder Moussa Sissoko has questioned Mauricio Pochettino’s tactics after the 7-2 loss to Bayern Munich on Tuesday.The home side looked ran off the feet as Bayern scored three goals in the final ten minutes.And Sissoko claims Spurs’ midfielders are worn out by Pochettino’s formation.”We get tired too quickly physically when we play with a diamond midfield,” Sissoko told RMC.The Argentine is under growing pressure as Spurs continue their spluttering start to the season. last_img read more

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9 days ago​Man Utd tell Mandzukic to decrease wage demands

first_imgTagsTransfersAbout the authorAnsser SadiqShare the loveHave your say ​Man Utd tell Mandzukic to decrease wage demandsby Ansser Sadiq9 days agoSend to a friendShare the loveManchester United want to sign Mario Mandzukic from Juventus in January, but not at any price.The Red Devils are on the lookout for an experienced striker who could add a physical presence and goals to the team midseason.Mandzukic was a summer target, but the clubs could not agree on a fee late in the transfer window.ESPNsays United want to sign the player, but they want to ensure the 33-year-old reduces his wage demands first.Another report suggests United will offer Mandzukic £85,000-a-week, which is almost equivalent to his existing salary at the Italian club.But the Croatian could be looking for a pay rise in what would be his final major contract as a footballer. last_img read more

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Photo: The Cleveland Browns Had A Spelling Error Announcing Their 1st Round Pick For The 2nd Year In A Row

first_imgCleveland Browns have spelling error while announcing their 19th overall pick.Cleveland Browns’ Spelling ErrorFor the second year in a row, the Cleveland Browns had some difficulty announcing one of their first-round picks on Twitter. Last year, while announcing the selection of Johnny Manziel, Cleveland’s Twitter account misspelled “22nd.” It took them three tries to get it right. And tonight, while announcing the selection of Florida State offensive lineman Cameron Erving, the Browns spelled the player’s last name wrong. It’s “Erving,” not “Irving.”The Browns just misspelled the name of their own 1st round pick. Sigh…. pic.twitter.com/eF1Y0uDcEi— Al Ciammaichella (@Gotribe31) May 1, 2015Thankfully, it didn’t take them too long to correct it. With the 19th pick in the 2015 #NFLDraft the #Browns select Florida State OL Cameron Erving. #BrownsDraft pic.twitter.com/e3KbWO4A6E— Cleveland Browns (@Browns) May 1, 2015Do better, Cleveland.last_img read more

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Corus and Bell end channel sale after rejection by Commissioner of Competition

first_imgTORONTO – Corus Entertainment Inc. says it and Bell Media Inc. have agreed to end a deal on two Quebec specialty television channels after the proposed sale was blocked by the Commissioner of Competition.Corus said on Monday it was reviewing the commissioner’s rejection of the deal to sell French-language channels Historia and Series+ to Bell.When the companies announced the sale in October 2017, they valued the transaction at about $200 million.In addition to Competition Act approval, the deal had required approval from the CRTC.Corus says it will continue to own and operate the two channels in Quebec as well as Global Montreal, Teletoon and La chaine Disney, plus Toon Boom, its animation software company.The company owns specialty television services, radio stations and conventional television stations as well as other assets.Companies in this story: (TSX:CJR.B, TSX:BCE)last_img read more