Your Blog is Illegal and You Don’t Know It: Here’s Why

No one is supposed to ignore the law.

I don’t know if this famous motto exists in other countries, but I don’t hope for them because it’s certainly one of the dumbest and most meaningless phrases that are, of those that also make the charms of dear republic, who loves to gargle with all-round formulas.

Unfortunately it is necessary to deal with, and if not to bump the learning by heart of the entire penal code, it is better to know a little about the rights but above all the obligations related to his professional activity.

And there are a few legal obligations on the internet that concern us all, especially bloggers. Why bloggers in particular? Precisely because of the very nature of the blog, which alone brings together the main features of all websites: open discussions, editorial responsibility, collection of private information about contributors, dissemination of content subject to specific rights, but also… keywords (yes, let’s see why and how), etc.

All in an ultra-simplified format accessible to everyone. It is precisely in this ease of creating a blog that can arise possible problems: anyone who can open his notebook on the web, and quickly find himself confronted in spite of himself with legal problems that go far beyond him. In other words, the gap between the ease of creating content on the web and the “skills” required to do so is great. A blog is a media, and is not publisher who wants: you have to take some precautions and know at least the b.a-ba of publishing to be able to blog quietly.

Do you believe in the legality of your blog? Not so sure. Here are 10 points to check to make sure your blog is perfectly compliant with the legislation.

Identification

According to the law of 21 June 2004 for confidence in the digital economy, a blog must be available to its readers

  • The name of the editor or co-director of the publication and, if necessary, the name of the editor
  • The name, name or name and address and phone number of the host.
  • For individuals: their names, first names, residence and telephone numbers and, if they are subject to registration to the RCS or the trades directory, the number of their registration
  • For legal entities: their name or name and head office, their telephone number and, if they are companies subject to the registration requirements of the RCS or the trades directory, the number of their registration, their social capital, the address of their head office

The law provides an exception for non-professional individuals who, in order to preserve their anonymity, may disclose only the name, name or name and address of their host, provided that they have provided them with their personal identification.

Information on data collection

Like any website, a blog must inform its visitors of the existence and methods of exercising the right of access to information about them and the right to have it changed (change of name, address, function, etc.), correct in case of error or delete (articles 38 to 40 of the law of 6 January 1978 relating to computers, files and freedoms)

Broadcasting private correspondence

From time to time, we see from time to time published on blogs, especially in the event of a conflict or dispute, excerpts of emails received or sent by the blogger. This is illegal: an email cannot be released publicly without the express and preferable written permission of its author.

Screenshots of websites

I do not have any specific indications about this and it is a personal digression, but on the basis that one cannot freely reproduce a work of the mind or artistic without the permission of its author, it is easy to imagine that all the sites (including the one you are reading) that publish screenshots of other sites are illegal. It’s an extrapolation that doesn’t make much sense, but when you see certain laws sometimes, it’s not that incongruous…

Advertising and affiliate income

This is obvious, but it is never pointless to point out that any income must be tax-returned and may be subject to payroll taxes. Self-employed status should help the last recalcitrants to reach the right path 🙂

Broadcasting music or videos

We all broadcast videos and music on our blogs, with YouTube or Deezer, among others. Ok they are hosted elsewhere and broadcast using an exportable player from legal sites that are deemed to be in compliance with copyright laws. This is for the official speech, which suits us well. But what is really happening? I am unable to say that today, and I wonder who is. We are in a situation of insecurity that is more commonly called legal vacuum. Who guarantees us that the very voracious SACEM will not one day fall short on all blogs that embark a Player Deezer in good faith and ask them for broadcast rights?

Did you read those points? If your blog is perfectly compliant, in its entirety, congratulations, you are an outstanding legalist. That is not the case with Lemon Press, but I will try to correct that in the coming weeks, and I invite you to do the same.

No one is supposed to ignore the law may be a stupid motto, but trouble them, always come from where you don’t expect them…

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