Following our post regarding the draft Law Regulating the Exploitation of the Image of Children Online dated June 19, the French National Assembly finally adopted the text at second reading on October 6, 2020. The National Assembly has not made any changes to the Senate’s version, considering that the amendments made by the Senate (which watered down the provisions from the initial proposition) had made the provisions “more effective and provided a clarified legal framework”.
The points of uncertainty that we raised in our initial blog post are therefore still relevant and will certainly need to be clarified in the upcoming months, either by the competent authorities or by the courts in the context of legal action.
The law was promulgated on 19 October and published the following day. It will come into force in April 2021.
A decree has yet to be issued by the French Council of State, in particular to set the income or duration thresholds at which the broadcasting of the image of a child under the age of sixteen on a video-sharing platforms is subject to a declaration to the competent authority by the legal representatives.