Décision n° 2016-611 priority matter of constitutionality du 10 février 2017 - Mr. XX

• 2017
• France

Topics

Legal bases

Courts

Laws

Relevant links

• https://www.conseil-constitutionnel.fr/decision/2017/2016611QPC.htm

Facts

On 7 December 2016, the Court of Cassation referred to the Constitutional Council a Priority matter of constitutionality of Article 421-2-5-2-2 of the Penal Code, as drafted by Act No. 2016-731 of 3 June 2016 strengthening the fight against organized crime, terrorism and their financing, and improving the efficiency and guarantees of criminal proceedings.

Legal grounds

The Article 421-2-5-2 of the Penal Code punishes by two years' imprisonment and a fine of 30,000 euros the fact of habitually consulting an online public communication service that makes available messages, images or representations either directly causing acts of terrorism to be committed or advocating such acts when, for this purpose, the service includes images or representations showing the commission of such acts consisting of wilful attacks on life.

Findings

The Constitutional Council has indicated that, while the legislator has excluded the criminalization of browsing carried out in "good faith" (for instance for scientific or professional reason), parliamentary proceedings do not make possible to determine the scope that the legislator intended to assign. The Council concluded that the contested provisions create uncertainty as to the lawfulness of Internet browsing. By its decision, the Constitutional Council therefore declared the provisions of Article 421-2-5-2-2 of the Penal Code in its version resulting from the law of 3 June 2016 to be contrary to the Constitution.