Kick.com regulation: Arcom talks to the platform and the Maltese regulator
Arcom was deeply saddened to learn of the death of Raphaël Graven, also known as "Jean Pormanove" or "JP". This tragedy, along with the unbearable images revealing the violence suffered by Raphaël Graven in recent months, raises first and foremost the question of the criminal responsibility of the protagonists, which is a matter for the judicial authorities.
This tragic event also starkly highlights the central question of the responsibility of platforms with regard to unlawful content to which they provide broad online access.
The European Digital Services Regulation (DSR) imposes on all platforms available in the EU, strengthening obligations in terms of moderation of content published by their users and transparency of their operations. Kick.com, as an intermediary service (less than 45 million monthly visitors in the EU, which is the threshold above which "very large online platforms" are subject to a strengthening liability regime), is nevertheless subject to the RSN and must, as such, designate a legal representative within the EU enabling action to be taken against it.
Today, Arcom was informed by the European Commission of the appointment of a legal representative for Kick.com in Malta. It has contacted this legal representative, as well as the Maltese regulator responsible for overseeing the platform's obligations, in order to obtain detailed information on the means dedicated by the service to French-language moderation, as well as on the specific case of the "Jeanpormanove" channel: reports or complaints received, measures taken against potentially illegal content, etc.
Arcom, which has written to Kick.com at the same time, takes note of the initial response provided by the platform, which has undertaken to collaborate fully with the regulation authority. An exchange with Kick.com is made provision for in the coming days.
Fully committed to a safer Internet, Arcom will pursue its actions to ensure compliance with the obligations of Internet players, in particular to protect persons under 18.
Within the framework of the Online Hate Observatory, the Authority will intensify its cooperation with its partners (OFAC/Pharos, DILCRAH, PNLH, CNCDH (National Advisory Committee on Human Rights)) and strengthen its links with trusted flaggers, and more generally with civil society, which plays a major role in the implementation of the European regulation on digital services.
In this respect, Arcom salutes the role of La Ligue des Droits de l'Homme (LDH), whose submission of a case before the court led the regulator to initiate exchanges with its German counterparts and the European Commission concerning the case of the Kick.com platform.
The regulator reiterates that the RSN and the national legal framework provide a solid foundation on which to build new cooperative ventures, in order to protect fundamental rights in the digital space, while reconciling freedom of expression, human dignity and innovation.
Press release
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