France: Implemented Decree No. 2022-32 establishing thresholds for platforms subject to content moderation requirements under Law 2021-1109

On 17 January 2022, Decree No. 2022-32, establishing the thresholds for platforms subject to content moderation requirements under Law 2021-1109 reinforcing respect for the principles of the Republic, entered into force the day following its publication in the Official Journal. In particular, online platforms with over 10 million users must inform authorities about their decisions to remove unlawful content and store it to facilitate lawsuits. Furthermore, platforms are required to designate a person responsible for communication with authorities and publish clear and transparent terms of use, including the prohibition of uploading illegal content. The online platforms must allocate human and technological resources to detect, identify and process complaints regarding illegal content and issue an annual report on their policy to fight illegal, hateful content online. Finally, the platforms with over 15 million users must conduct a risk assessment and take reasonable and proportionate measures to mitigate the risks.