LOI n° 2020-1266 du 19 octobre 2020 visant à encadrer l'exploitation commerciale de l'image d'enfants de

moins de seize ans sur les plateformes en ligne (1)

NOR: MICX2012545L
ELI: https://www.legifrance.gouv.fr/eli/loi/2020/10/19/MICX2012545L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2020/10/19/2020-1266/jo/texte
JORF n°0255 of October 20, 2020
Text No. 1

Legislative file: LAW n° 2020-1266 of October 19, 2020 aiming to regulate the commercial exploitation of the image of children under the
age of sixteen on online platforms / Application schedule

Initial version

The National Assembly and the Senate have adopted,

The President of the Republic promulgates the law whose content follows:

Section 1

Book I of Part Seven of the Labor Code is amended as follows:

1° In the title, after the word: "professionals", the sign is inserted: "," and, after the word: "show", are inserted the words: “, audiovisual”;
2° In the heading of Title II, after the word: “show”, are inserted the words: “, audiovisual”;
3° In the title of chapter IV of the same title II, after the word: “ambulantes”, are inserted the words: “, audiovisual”;
4° Article L. 7124-1 is amended as follows:
a) After the word: “television”, the end of 2° is worded as follows: “, sound recordings or audiovisual recordings, whatever their modes
communication to the public; » ;
b) Two paragraphs are added as follows:
“5° By an employer whose activity consists in making audiovisual recordings whose main subject is a child under the age of sixteen, with
a view to distribution for profit on a video-sharing platform service.
"In the event of obtaining the authorization mentioned in 5° of this article, the administrative authority delivers to the legal
representatives information relating to the protection of the rights of the child in the context of the production of these videos, which
covers in particular on the consequences, on the private life of the child, of the distribution of his image on a platform for sharing videos.
This information also relates to the financial obligations incumbent upon them, pursuant to Article L. 7124-25. » ;
5° Section 2 of Chapter IV of Title II is amended as follows:
a) In the title, the words: “modeling agencies” are replaced by the word: “persons”;
b) After article L. 7124-4, an article L. 7124-4-1 is inserted as follows:

" Art. L. 7124-4-1.- When the child is engaged, pursuant to 5° of Article L. 7124-1, the individual authorization takes the form of an
approval. » ;

6° Article L. 7124-5 reads as follows:

" Art. L. 7124-5.-The approvals provided for in Articles L. 7124-4 and L. 7124-4-1 for the employment of children under sixteen years of
age are granted by the administrative authority for a fixed, renewable period.
“They can be removed at any time.
“In an emergency, they can be suspended for a limited time. » ;

7° Article L. 7124-9 is amended as follows:

a) The first sentence of the second paragraph is supplemented by the words: “or his emancipation”;
b) The last paragraph is deleted;
8° The first paragraph of Article L. 7124-10 is amended as follows:
a) The reference: "of Article L. 7124-4" is replaced by the references: "of Articles L. 7124-4 and L .7124-4-1”;
b) At the end, the words: “of the modeling agency which employs the child” are replaced by the words: “provided for in Article L. 7124-
5”;
9° In the second paragraph of the same article L. 7124-10, the word: “second” is replaced by the word: “second”;
10° Article L. 7124-25 is amended as follows:
a) In the first paragraph, the references: “articles L. 7124-1 and L. 7124-2” are replaced by the references: “1° to 4° of article L. 7124-1 and
article L .7124-2”;
b) After the same first paragraph, a paragraph worded as follows is inserted:
"Any person employing children mentioned in 5° of Article L. 7124-1 shall be punished with the same penalty for failing to comply with
the obligation mentioned in the second paragraph of Article L. 7124-9. »
Section 2

After article 6-1 of law n° 2004-575 of June 21, 2004 on confidence in the digital economy, an article 6-2 is inserted as follows:

" Art. 6-2.-When the competent administrative authority mentioned in Article L. 7124-1 of the Labor Code finds that audiovisual content
is made available to the public on a platform mentioned in 5° of the same Article L. 7124-1 in disregard of the obligation of prior
approval provided for under the same 5° or the reporting obligation provided for in Article 3 of Law No. 2020-1266 of October 19, 2020
aimed at regulating the operation of the image of children under the age of sixteen on online platforms, it may seize the judicial
authority according to the methods and under the conditions provided for by regulation so that the latter orders any measure capable
of preventing imminent damage. or to put an end to a manifestly unlawful disturbance. »

Section 3

I. - Except for the cases mentioned in Article L. 7124-1 of the Labor Code, the distribution of the image of a child under sixteen on a
video-sharing platform service, when the child is the main subject, is subject to a declaration to the competent authority by the legal
representatives:
1° When the cumulative duration or the number of these contents exceeds, over a given period of time, a threshold fixed by decree in
Council state;
2° Or when the distribution of this content causes, for the benefit of the person responsible for the realization, production or distribution
of these, direct or indirect income above a threshold fixed by decree in Council of State .
II. - The authority mentioned in the first paragraph of I of this article makes recommendations to the legal representatives of the child
relating to:
1° The times, duration, health and safety of the conditions for making the videos;
2° The risks, in particular psychological, associated with the dissemination of these;
3° Provisions aimed at allowing normal school attendance;
4° To the financial obligations incumbent upon them pursuant to III.
III. - When the direct and indirect income derived from the distribution of the content mentioned in I exceeds, over a given period of
time, the threshold set by decree in Council of State in application of 2° of the same I, the income received from the date on which this
threshold is exceeded are paid without delay to the Caisse des dépôts et consignations and managed by this fund until the child reaches
majority or, where applicable, until the date of his emancipation. Direct debits may be authorized in the event of an emergency and on
an exceptional basis. A share of the income, determined by the competent authority, may be left at the disposal of the legal
representatives of the child.
IV. - Any advertiser who carries out product placement in an audiovisual program broadcast on a video-sharing platform whose main
subject is a child under the age of sixteen is required to check with the person responsible for the broadcast whether the latter declares
be subject to the obligation mentioned in III of this article. In such a case, the advertiser pays the sum due in return for the product
placement, minus, where applicable, the share determined pursuant to the last sentence of the same III, to the Caisse des dépôts et
consignations, which is responsible for manage it until the child comes of age or, where applicable, until the date of his emancipation.
The provisions of the second sentence of III are applicable. Failure to respect the

Section 4

Video-sharing platform services adopt charters whose purpose is in particular:

1° To promote user information on the legislative or regulatory provisions applicable to the dissemination of the image of children
under sixteen years through their services and on the risks, in particular psychological, associated with the dissemination of this image;
2° To promote information and awareness, in conjunction with child protection associations, of minors under the age of sixteen on the
consequences of the dissemination of their image on a video sharing platform, on their lives privacy and in terms of psychological and
legal risks and on the means at their disposal to protect their rights, their dignity and their moral and physical integrity;
3° To encourage the reporting, by their users, of audiovisual content featuring children under the age of sixteen that would undermine
their dignity or moral or physical integrity;
4° To take any useful measure to prevent the processing for commercial purposes, such as canvassing, profiling and advertising based
on behavioral targeting, of the personal data of minors which would be collected by their services on the occasion of the posting by a
user of audiovisual content containing a minor;
5° To improve, in conjunction with child protection associations, the detection of situations in which the production or dissemination of
such content would harm the dignity or moral or physical integrity of minors under the age of sixteen years that they make appear;
6° To facilitate the implementation, by minors, of the right to erasure of personal data provided for in Article 51 of Law No. 78-17 of 6
January 1978 relating to data processing, files and freedoms and to inform them, in clear and precise terms, easily understood by them,
of the procedures for implementing this right.

Section 5

After article 15 of law n° 86-1067 of September 30, 1986 relating to freedom of communication, an article 15-1 is inserted as follows:
" Art. 15-1.- The Superior Audiovisual Council promotes the adoption by video sharing platform services of the charters provided for in
Article 4 of Law No. 2020-1266 of October 19, 2020 aimed at regulating the commercial exploitation of the image of children under
sixteen on online platforms.
“It publishes a periodic report on the application and effectiveness of these charters. To this end, it collects from these services, under
the conditions laid down in article 19 of this law, all the information necessary for the preparation of this report. »
Section 6

The consent of the holders of parental authority is not required for the implementation, by a minor, of the right to erasure of personal
data provided for in Article 51 of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms.

Section 7

The Government submits to Parliament, within six months of the publication of this law, a report assessing the strengthening of data
protection for minors since the implementation of Regulation No. 2016/679 of the European Parliament and of 27 April 2016 on the
protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive
95/46/EC (general data protection regulation ).

Section 8

This law comes into force six months after its publication.
This Act shall be enforced as state law.

Done in Paris, October 19, 2020.

Emmanuel Macron
By the President of the Republic:

The Prime Minister,

Jean Castex

The Minister of Economy, Finance and Recovery,

Bruno Le Maire

The Minister of Labour, Employment and Integration,

Elisabeth Borne

The Keeper of the Seals, Minister of Justice,

Éric Dupond-Moretti

The Minister of Culture,

Roselyne Bachelot-Narquin

(1) Preparatory work: law no. 2020-1266.

National Assembly:
Bill No. 2519;
Report by Mr Bruno Studer, on behalf of the Cultural Affairs Committee, No. 2651;
Discussion and adoption on February 12, 2020 (TA n° 403).
Senate:
Bill, adopted by the National Assembly, n° 317 (2019-2020);
Report by Mr Jean-Raymond Hugonet, on behalf of the Culture Committee, No. 532 (2019-2020);
Test of the commission n° 533 (2019-2020);
Discussion and adoption on June 25, 2020 (TA n° 110, 2019-2020).
National Assembly:
Bill, amended by the Senate, No. 3133;
Report by Mr Bruno Studer, on behalf of the Cultural Affairs Committee, No. 3380;
Discussion and adoption on October 6, 2020 (TA n° 485).