Ass'n Union des Etudiants Juifs
de France v. Yahoo!, TGI Paris, Ord. Réf., D. 2000, IR172
Facts: the Plaintiffs were the LICRA (Ligue Internationale contre le Racisme et l'Antisémitisme), the UEJF (Union des Etudiants Juifs de France) and the MRAP (Mouvement contre le Racisme, l'Antisémitisme et pour la Paix). Messages and images on the Nazi idealogy were made available to French users ont he Yahoo ! website, in particular parts of Hitler's Mein Kampf, parts of the anti-Semitic book "Le protocole des sages de Sion", and Third Reich memorabilia.
Complaint: relying on Article R645-2 of the French Penal Code, the plaintiffs claimed that the display of Nazi products for sale was a crime.
Holding: and reasoning: Yahoo! was first ordered to take remedial measures to prevent users from consulting the Nazi oriented Web pages. Yahoo! claimed this was technically impossible. Some experts affirmed that it was possible to locate 70% of the users so the Court held that the defendant could comply with the order. As regards the screening for content, the Court ruled that the defendant could implement an editorial screening with search engines so it was liable under Article R645-2 of the French Penal Code and ordered it to disable access to the illegal content for French users.
Comparative Bills of Rights ||Freedom of Expression