Friday, February 18, 2011

Anti-racist associations lose a lawsuit against Dailymotion

Several associations fighting against racism that had filed suit against Dailymotion for "disputing a crime against humanity" were lost, Friday, Feb. 18, their lawsuit against the video sharing site with 93 million visitors monthly. Mid-2009, five videos were posted on Dailymotion by the same user under the pseudonym Anonymous Shavox.

Y were liable for "denial" about the "legend of the gas chambers" as: "There has never been a homicidal gas chamber at the Germans, not even in Auschwitz." The Union of Jewish Students of France (UEJF), J'Accuse, International Action for Justice (AIPJ), the International League against Racism and Antisemitism (LICRA), the Movement against Racism and for the Friendship among Peoples (MRAP) and SOS Racism had then attacked Dailymotion justice.

But on Friday, the 17th chamber of the Paris Correctional Court acquitted Dailymotion and its publication director, Cédric Tournay. RECOGNITION OF HOST STATUS The court held that the remarks were indeed a contestation of crimes against humanity, but he ruled that Dailymotion, which is a single host and not a publisher of content, could not see criminal liability .

The fault lies with the user who posted the videos and who has not complied with the terms and conditions of use, which specifies that the broadcast content should not "undermine public order and morality" . In addition, the court observed, "Dailymotion proceeded immediately striking on its website five videos at issue when she was informed of their posting.

Thursday, in another case, the Court of Cassation had first recognized the status of host Dailymotion, considering that the site did not control a priori the videos that were posted on the platform by the Internet .

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