The decision by Judge Jean-Jacques Gomez followed a complaint
that certain internet auction sites on the Yahoo.com portal were
selling Nazi memorabilia. The sale of such items is forbidden under
French law, though not under US law. Yahoo!’s French site, at
Yahoo.fr, did not host these auctions. However, Judge Gomez was of
the view that French nationals should not be able to access a web
site that breached French law anywhere on the internet.
EuroISPA said in a statement to European Commissioner Antonio
Vitorino:
“The recently adopted European directive on
electronic commerce is quite clear. [It] removes liability from
intermediaries who act only as a ‘mere conduit’ for access to
information and, crucially for privacy and freedom, removes the
requirement to actively monitor internet traffic… The European
Commission must ensure that the French government lives up to its
obligations under the directive.”
The written judgement of the French court has now been released.
The decision requires Yahoo!:
"1. to take all necessary measures to
dissuade and make impossible any access via yahoo.com to the
auction service for Nazi merchandise as well as to any other site
or service that may be construed as an apology for Nazism or
contesting the reality of Nazi crimes; and
"2. to issue all internet surfers, even
before use is made of the link enabling them to proceed with
searches on yahoo.com, a warning informing them of the rists
involved in continuing to view such sites."
