The Paris court is due to rule on December 19th on the French state's request to block access in France to the Australian streaming platform Kick. This decision comes after the site broadcast content showing violence inflicted on French streamer Jean Pormanove, who died live on air.
During an expedited hearing, the prosecutor requested the closure of approximately fifteen channels identified as being linked to the now-defunct main channel, "jeanpormanove." These channels rebroadcast content from the original channel. However, she rejected the government's request to completely block access to Kick from France for six months, deeming such a measure excessive.
Kick's and the government's arguments
Kick representatives stated that the platform had already removed all content linked to the name Pormanove. Meanwhile, former Minister for Digital Affairs Clara Chappaz sued the platform on September 22nd, invoking Article 6-3 of the Law for Confidence in the Digital Economy. This provision allows for the cessation of harm caused by the dissemination of online content or the imposition of preventative measures.
Kick also requested that the court consider a priority question of constitutionality, arguing that Article 6-3 infringes on freedom of expression. This request will be examined concurrently with the main proceedings.
The tragedy that triggered the proceedings
Jean Pormanove, whose real name was Raphaël Graven, 46, died on August 18 during a broadcast on Kick. For more than twelve days, his channel had been showing scenes in which he and another man were insulted, beaten, pulled by the hair, threatened, and hit with paintballs. These acts of violence were perpetrated by Owen Cenazandotti, 26, and Safine Hamadi, 23.
The autopsy, however, concluded that the death was not directly caused by the intervention of a third party. The channel, followed by nearly 200,000 internet users, presented the scenes as scripted content, with participants paid by viewer donations.
At the end of August, the Paris prosecutor opened an investigation into Kickstarter's practices, complementing the investigation conducted by the Nice prosecutor's office into the circumstances surrounding the streamer's death. The aim is to assess the platform's responsibilities and determine whether regulatory measures should be implemented to prevent the dissemination of violent content and protect internet users.
