April 25, 2019 draft notice from the French Superior Audiovisual Council to online platform operators as part of the duty to cooperate in the fight against the diffusion of false information

The French Superior Audiovisual Council,

Having regard to the French Consumer Code, in particular article L.111-7 ;

Having regard to Law no. 86-1067 of September 30, 1986 on freedom of communication, in particular article 17-2 ;

Having regard to law n° 2004-575 of June 21, 2004 for confidence in the digital economy;

Having regard to law n°2018-1202 of December 22, 2018 relating to the fight agains information manipulation ;

Having regard to decree n°2019-297 of April 10, 2019 relating to the information obligations of online platform operators promoting information content relating to a debate of general interest ;

Having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled " Fighting disinformation online: a European approach " of April 26, 2018;

Having regard to the code of practice on disinformation of September 26, 2018 ;

Having regard to the joint communication to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions entitled "European Union action plan against disinformation of December 5, 2018" ;

After deliberation,

The law of December 22, 2018 on the fight against the manipulation of information establishes a set of measures to fight the diffusion of false information during and outside election periods.

Title III of this text introduces a duty of cooperation in the fight against the diffusion of false information on the part of online platform operators mentioned in the first paragraph of Article L. 163-1 of the Electoral Code. This concerns online platform operators within the meaning of Article L. 111-7 of the French Consumer Code, whose activity exceeds five million single visiters per month, per platform, calculated on the basis of the last calendar year.

In particular, article 11 of the law of December 22, 2018 requires these operators to take measures to fight the diffusion of false information likely to disturb public order or alter the sincerity of one of the ballots mentioned in the first paragraph of article 33-1-1 of the law of September 30, 1986. These schemes cover the election of the President of the Republic, general elections of deputies, the election of senators, the election of representatives to the European Parliament and referendums. In this respect, the aforementioned article 11 stipulates that the measures thus taken, as well as the means that online platform operators devote to them, are to be made public.

Under the provisions of article 12 of the same law, the French Superior Audiovisual Council may issue notices to online platform operators aimed at improving the fight against the diffusion of false information likely to disturb public order or undermine the sincerity of the ballot.

This notice takes particular account of European Union initiatives to combat the dissemination of disinformation:

• the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled "Fighting disinformation online: a European approach" of April 26, 2018;
• the code of practice on disinformation of September 26, 2018;
• the joint communication establishing the European Union's action plan against disinformation of December 5, 2018.

This text is part of a rationale to make platform operators accountable, with the aim of building a relationship of trust between them, authorities and civil society. It is intended to be enriched and adapted in line with the development of challenges linked to the manipulation of information and comments and proposals likely to be made by its addressees, but also by all stakeholders in the fight against the diffusion of false information.

As guarantor of the freedom of audiovisual communication by any electronic communication process, the Conseil recommends that online platform operators implement the following measures and deploy the necessary human and technical means to achieve the objectives set by law.

1. Setting up an accessible and visible reporting scheme

Under the provisions of the Act of December 22, 2018, online platform operators are required to set up an easily accessible and visible scheme enabling their users to report false information likely to disturb public order or alter the sincerity of the vote, particularly when such information originates from content promoted on behalf of a third party.

The Council considers that the ease of access and good visibility of this scheme can be ensured in particular when the online platform operators concerned:

• a) use a clear heading to designate the scheme, for example by clearly displaying the heading "Report content" ;
• b) display the scheme in the immediate vicinity of the content or account likely to be reported.

The online platform operators concerned may also contribute to strengthening the scheme's accessibility and visibility, in particular by :

• c) providing a reporting tool common to all versions of their service, whatever the mode of access to the service (website, application, etc.) and whatever the type of content reported (video, comment, account, etc.) ;
• d) encouraging discussions between the addressees of the present notice in order to harmonize their respective reporting schemes;
• e) ensuring that the scheme is as user-friendly as possible, by making provision for a simple, logical reporting path. For example, users should be able to complete the reporting proceedings by following no more than three hyperlinks; all the grounds for reporting (hate content, false information, etc.) should appear in a single dialog box, and this should be the same for a given service, regardless of how it is accessed;
• f) enabling users to track the processing of their alerts, so that they can find out the status of their reports, and informing them as soon as possible of the action taken on the content they have reported.

2. Algorithm transparency

Users must be able to exercise their critical faculties in an informed manner with regard to the content offered to them by online platforms. They must have access to information enabling them to know and understand the operating principles of the algorithms that govern the organization, selection and ordering of this content.

To this end, the Council encourages operators to provide each user with:

• a) traceability of their data used for the purposes of content notice and prioritization, whether provided knowingly or collected by the operator of the online platform;
• b) clear, sufficiently precise and easily accessible information on the criteria used to order the content proposed to him/her, and the ranking of these criteria according to their weight in the algorithm;
• c) clear and precise information on its ability, if any, to make adjustments enabling it to personalize content listing and notices;
• d) clear and sufficiently precise information on the main changes made to the listing and notice algorithms, and on their effects;
• e) an accessible communication tool enabling real-time interaction between the user and the operator, and offering the user the possibility of obtaining personalized and precise information on the operation of the algorithms.

3. Promoting content from companies, press agencies and audiovisual communication services

With the aim of promoting content from press companies and agencies and audiovisual communication services, the Council recommends that online platform operators:

• a) ensure the identification of reliable content sources by means of indicators clearly visible to users. Online platform operators are encouraged to take account of labelling procedures, in particular those carried out by press companies and agencies and audiovisual communication services;
• b) deploy technological means aimed at highlighting information from sources identified as reliable, and in particular " fact-checking "^[1] content, in search engine results, news feeds and other diffusion channels operating by automated classification.

4. Fighting accounts that massively propagate false information

In order to fight the acceleration and amplification of the diffusion of false information by certain actors, the Council encourages online platform operators to put in place:

• a) appropriate proceedings to ensure the detection of accounts massively spreading false information ;
• b) proportionate proceedings designed to hinder the action of such accounts (warnings, deletion, quarantine, restrictions on user rights or on the scope of the content they show, etc.);
• c) public monitoring and statistical schemes relating to the detection and handling of these accounts (number of accounts reported by users or detected by the online platform operator, and the type of response given);
• d) an easily accessible information area providing users with clear and precise information on practices likely to lead to intervention by the operator (creation of accounts in abnormal volumes, sharing of content at abnormal frequencies, use of false, stolen or misleading information, etc.).

5. Informing users of the nature, origin and methods of diffusion of content, and of the identity of persons paying remuneration for the promotion of information content.

As part of the implementation of appropriate schemes enabling users to be informed about the nature, origin and methods of diffusion of content, the Council notices online platform operators to:

• a) clearly distinguish sponsored content from other content, and encourage the development of tools enabling users to identify the criteria that led the platform to offer them such content;
• b) summon users' vigilance with regard to content that has been reported;
• c) clearly identify the origin of the diffused content and display it visibly;
• d) specify how content is diffused, indicating as far as possible the conditions under which it was published, such as the existence of financial compensation, the extent of diffusion (number of views, type of target audience, etc.), and whether or not it was generated automatically.

In addition, the Council notices that platforms must take measures to inform users of the identity of the natural person or company name, registered office and corporate purpose of artificial persons paying them remuneration in return for the promotion of information content relating to a debate of general interest. In its opinion of April 19, 2018, the Conseil d'Etat referred to the case law of the European Court of Human Rights, which has held that the general interest includes all issues which affect the public to such an extent that they can legitimately take an interest in them, which arouse their attention or cause them significant concern, in particular because they concern the well-being of citizens or the life of the community.

6. Promoting media and information literacy

In addition to the above measures, the Council also calls on online platform operators covered by the law to help their users identify reliable and unreliable sources of information. Operators are encouraged to raise users' awareness of the influence of their own content. They must help to develop critical thinking skills, particularly among youngsters.

Online platform operators are encouraged to develop appropriate tools for analyzing the reliability of information sources, such as video modules and guides.

In addition, the Council notices that online platform operators should support projects and establish partnerships that contribute to education in media, information and digital tools. Users must be made aware of the need to use digital platforms in a controlled manner, and to understand the challenges they present, particularly in terms of democracy. With this in mind, the Council encourages the development of partnerships between online platform operators and players in the media and information literacy sector, in accordance with Article 15 of the Law of December 22, 2018.

The Council encourages online platform operators to support independent initiatives by journalists and researchers aimed at better understanding and measuring the phenomenon of misinformation, in particular by giving them access to their data in compliance with personal data protection rules, and respecting the impartiality of such work.

Online platform operators are also invited to relay any awareness-raising campaigns they may receive from players in the media and information literacy sector, and which they deem relevant for their users.

7. Information to be sent to the French Superior Audiovisual Council

a) Annual declaration by online platform operators

The declaration must be sent to the Conseil no later than March 31 of the year following the financial year to which it relates.

In this declaration, each operator specifies to the Council the terms of implementation of each of the measures taken in application of article 11 of the law of December 22, 2018, as informed by this notice. It reports on any difficulties encountered in implementing any of the measures proposed by this notice.

The Council monitors the obligation for online platform operators to take the measures provided for in Article 11 of the aforementioned Law of December 22, 2018. It publishes a periodic assessment of their application and effectiveness. To this end, it may collect from these operators, under the conditions set out in article 19 of the law of September 30, 1986, all the information required to draw up this report.

In application of this same scheme, the Conseil also reserves the right to demand any information it deems necessary in the event of any manipulation or attempted manipulation of information likely to disturb public order or alter the fairness of any ballot. It also invites platform operators to provide their users with the utmost transparency in the event of such an incident.

In carrying out this mission, the Council will take into account the plurality of platform models and the adequacy of the means implemented on each of them to the scale and impact of the phenomenon of information manipulation.

b) Appointment of a contact person

Under Article 13 of the Law of December 22, 2018, each operator is required to designate a legal representative to act as a contact person on French territory for the purposes of enforcing the schemes set out in Title III of the Law.

The Board invites each operator to inform it of this representative.

Paris, April 25, 2019

For the French Superior Audiovisual Council

Chairman
R.-O. MAISTRE

[1] "Vérification des faits", in French.