In six rulings handed down on December 20th, 2023, the interim relief judge of the Paris judicial court has, at the request of the Financial Markets Authority (AMF), enjoined Internet Service Providers (ISPs) to prevent access to websites considered to be illegally offering services on digital assets to the French territory.

Under the French Monetary and Financial Code, the President of the AMF may refer a matter to the President of the Court of First Instance, with a view to requiring ISPs to prevent access to an illegal online offering.

How does this procedure work?

This procedure involves the AMF exercising its prerogatives to stop an illegal site from being accessible, as a sanction for non-compliance.

This legal action is the culmination of several procedural warnings. 

If the site is not removed or modified, the AMF must turn to the site host, sending it a copy of the formal notice and enjoining it to take all necessary measures to prevent access to the content of the online communication service.

It is only in the event of inaction on the part of the site host that the President of the AMF is authorized to refer the matter to the President of the Paris Tribunal de Grande Instance, as part of the accelerated procedure, for an order to stop access to the disputed service on national territory, to the Internet service providers, or to stop online promotion.

It was on the basis of this procedure that the AMF lodged six applications with the Paris judicial court, seeking to enjoin the main ISPs to block access to illegal websites from French territory.

In support of its referrals, the AMF reported that the sites in question provided a digital asset-based service without the mandatory registration as a digital asset service provider (DASP) issued by the AMF.

In its injunctions, the Paris court largely based its decision on the information provided by the regulator, without carrying out an in-depth examination of the activity proposed by the disputed sites.

A procedure applied in other sectors

This procedure is not new to French law, and already exists in the fight against illegal online content, since the LCEN allows any person to refer a matter to the president of the judicial court, for the purpose of prescribing measures to prevent or halt damage caused by online content.

Until recently, for example, the National gaming authority (ANJ) provided the same prerogative, namely the ability to refer a case to the President of the court for the purpose of prescribing any measure aimed at stopping the referencing of a site. It was on this basis that the ANJ had obtained from the President of the Paris Court of First Instance the blocking of online gambling sites by the main French ISPs.

Since 2022, recourse to the judge has been abolished to enable the ANJ to directly notify search engines of illegal content and impose access restrictions.

Following the example of gambling regulations, this administrative site-blocking procedure could also be applied by the AMF against unregistered DASP.

How challenge a court decision to block a website in France?

This procedure enables the DASP to contest both the AMF’s arguments and the proportionality of the measures (site blocking, blacklisting, etc.). It must have solid arguments to demonstrate that it does not provide the targeted services to French territory. 

In its decisions of December 20, 2023, the court took into account the information provided by the AMF and weighed up the existing disturbance against the measures requested, considering the latter to be proportionate to the aim pursued.

It will be up to the ISP wishing to have this measure retracted to demonstrate that it is not concerned by the licensing or registration obligation.

Pending such a decision, the ISP will apply the blocking measure in accordance with the provisions of the judgment.

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