This is a first in France. The public prosecutor of Paris, François Molins, has assigned, referred to the telecom operators so that they block a site Internet extreme right-posting content that is hateful online, has confirmed to the World a source close to the dossier, Wednesday, October 17.
This novel approach on the Canvas, the result of months of unpredictable judicial, is particularly driven by the inter-ministerial delegation for the fight against racism, anti-semitism and the hatred of anti-LGBT (Dilcrah), a body attached to the prime minister.
under this assignment, nine operators, of which the four main – SFR, Orange, Free and Bouygues Telecom – are assigned, on the 8th of November, at the tribunal de grande instance of Paris, in the framework of this emergency procedure.
The goal, find the disorder, “clearly unlawful” caused by this site, according to the words of the parquet de Paris, and order the blocking of access to the platform in a period of fifteen days, under penalty of a fine of 10,000 euros per day of delay.
A site without the equivalent of the extreme right-wing
The site in question bears a very bad name : it is called ” DemocratieParticipative.biz “. On its pages unfolds a litany of articles and videos anti-semitic, homophobic, anti-muslim and racist.
This site, which claims to be ” the most widely read by the young white décomplexés “, agonit also regularly insults various politicians and media personalities. At the point of use often as a base for campaigns of harassment, digital of a rare violence. By its radical, ” DémocratieParticipative.biz ” has no equivalent in the nebulous far-right.
Although identified for long months, the activism of the site, created in 2016, defied all remedies. The various reports made by Frederick Potter, the prefect delegated to the head of the Dilcrah, by way of an article 40 the public prosecutor of Paris, could not find a court case. Same thing for close to a dozen investigations by various police services, after reporting on the platform Pharos of the ministry of the interior dedicated to illegal content circulating on the Web, or complaints filed in different departments of France.
A accommodation american
The French authorities – as well as several individuals and associations have tried to circumvent these failures by attempting to limit the impact of ” DemocratieParticipative.biz ” for instance to remove from Google’s search results. The Dilcrah was even awarded, in January, the disappearance of the home page ” DemocratieParticipative.biz ” in the search engine. A solution is, however, very partial, since the site remained online.
At the heart of the problem : the accommodation of ” DemocratieParticipative.biz “. To house its structure, the site has since its inception appeal to an american company, Cloudflare. It has never responded to the requisitions of france. It hides behind the first amendment of the U.s. Constitution, which protects an extensive freedom of expression, and behind the absence of legal compulsion requiring it to respond to judicial authorities other than the united states.
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Another difficulty : the identification and eventual arrest of the administrator of the site. According to a joint note of the Directorate-general of the national police (DGPN) and the prefecture of police (PP) dated April, that The World has seen, many elements suggest that there is a militant far-right original breton is very well known of the “fachosphère” : Boris Le Lay, born at Quimper and at the age of 38, followed on Facebook by more than 120 000 people and more than 10,000 Twitter followers.
a suspicion that a figurehead of the “fachosphère”
According to this note from the DGPN and the PP, “several elements matching” means in fact Mr. Lay. The most reliable is an IP address common to DemocratieParticipative.biz and two sites that are openly run by the activist, a sign that the three platforms were present on the same computer server. An element that has been able to confirm The World independently.
at the End of September 2017, the fachosphère had bruissé of the “censorship” of DemocratieParticipative.biz : he had, effectively, disappeared from the Net, without an explanation. Disturbingly, the two sites belonging to Mr. Lay are evaporated at the same time.
Or on its page VKontakte, a social network Russian, Mr Le Lay had replied to an admirer who was concerned about the disappearance of DemocratieParticipative.biz : “You have to rebuild architecture “, wrote the activist. A few days later, these three sites were changing their hosting provider, and almost at the same time, according to the technical data viewed by The World.
Mr. Lay is far from unknown for the police services. It has many histories for “defamation, “” apology of crime “, or ” insult “, and has been several times condemned, between 2011 and February 2018. His career activist is also eloquent. First involved in a small group of pro-independence breton close of the ultradroite identity, ADSAV (Renaissance), he founded, in 2006, the association Breizh Israel, which has for object ” the promotion of links between the State of Israel, world jewry and the Bretons “. It switches later in anti-semitism in meeting with the essayist nationalist Hervé Ryssen. It will also be a time when “relations with Europe” of the Movement of the wretched of the imperialism of the controversial Franco-Beninese Kemi Seba.
Thirteen warrants of search and a form S
today, the justice stumbles, however, on the flight to Japan of Mr. Le Lay. Despite the thirteen warrants of search and the sheet ” S ” is subject to its belonging to the sphere of influence of far-right radical, impossible up to now to obtain his extradition.
These warrants have been issued for ” public insult toward an individual because of his race, religion, or origin, by speech, writing, image or means of communication to the public by electronic means “. But it would be necessary that Mr. Lay is controlled on the territory of the French or european to be executable.
In January, a red notice of Interpol was eventually released so that he can be arrested abroad, in other countries. But the value placed on these records varies from state to state. For reasons specific to its national law, Japan could not make an arrest requested by other member countries. In addition, there is by extradition convention between France and the Archipelago. Police in france worry about, finally, the fact that Mr. Lay has been able to obtain, in the meantime, the japanese nationality. In short, a puzzle which explains the decision of the public prosecutor of Paris to use great means.
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