The Ministry of Communication and Information (“MCI”) has issued a new Regulation called Controlling Internet Websites Containing Negative Content (“Regulation”). The Regulation has the goal “safe and healthy use of the internet”. It sets up a system to block access to websites containing pornographic or other unlawful material. There are several elements: reporting and logging negative content, blocking of access to reported websites by ISPs and unblocking systems too. A database called “TRUST+ Positif” lists sites with negative content. ISPs must update their systems weekly or on demand by the MCI. On non ISP systems such as Facebook, the MCI can request the websites to owner to block or delete the negative content. ISPs that that fail to comply may have criminal and administrative liability under several laws including the Telecommunications Law and the Information and Electronic Transactions Law and the Law on on Pornography.
A corollary for IP owners is that the Draft Copyright law contains ISP safe harbour and secondary liability provisions and the hope is that clear takedown processes will be established outside the current slightly uncertain Electronic Transactions Law framework.