Twitter agrees to hand over details of people who post
racist or anti-Semitic comments after French legal battle
Millions use social media to express hatred without
revealing identities
Prosecutor in Paris argued that Twitter had a duty to
expose wrong-doers
By PETER ALLEN
PUBLISHED: 05:05 EST, 12 July 2013 | UPDATED: 08:14 EST,
12 July 2013
Twitter has agreed to hand over the details of people who
post racist and anti-Semitic abuse anonymously on the micro-blogging site, it
emerged today.
Following a long legal battle, the US-based company said
it would cooperate with authorities in France who want to bring alleged
criminals to justice.
The breakthrough is a significant test case for the
millions who use social media to express hatred and anger without revealing
their identities.
Prosecutors in Paris argued that Twitter had a duty to
expose wrong-doers, despite its insistence that people had a right to anonymity.
In October 2012, Jewish student bodies asked Twitter to
remove a number of messages which appeared under the hashtag #unbonjuif
(#agoodjew), with some users posting examples such as: ‘#agoodjew is a dead
Jew.’
France has a number of strict laws aimed at combating
hate crimes.
The Union of Jewish Students of France (UEJF) and three
other similar groups took Twitter to court asking them to hand over the names
of all those responsible so they can be prosecuted.
'Because it does not take the necessary measures to
identify where the tweets come from, Twitter is offering a platform to racism
and anti-Semitism,' said Jonathan Hayoun, the UEJF president.
Stephane Lilti, counsel for the Jewish complainants,
suggested Twitter had a ‘commercial interest’ in protecting the anonymity of
its users.
‘Twitter is playing a commercial game by raising a number
of legal hurdles to not having to comply with its legal obligations,’ he told
the court.
Following a long legal battle, the US-based company said
it would cooperate with authorities in France who want to bring alleged
criminals to justice.
But Twitter lawyer Alexandre Neri originally argued that
the company was only subject to US law and only a judge in America could force
it to release the information.
Mr Neri told the Tribunal de Grande Instance in Paris
that Twitter ‘data is collected and stored in the United States’ – namely in
San Francisco, where the site is based.
‘Should I submit myself to the law of a different country
to where I work?' he asked.
He added that the differences between French and US laws
on freedom of speech have created a ‘huge void, a question mark’.
But AFP, France’s national news agency, today confirmed
that Twitter had agreed to cooperate with the judgement, and would hand over
the coordinates of those responsible for the tweets.
A Twitter spokesman said: 'Further to discussions between
the parties and in response to a valid legal request, Twitter has provided the
prosecutor of Paris, Presse et Libertés Publiques section of the Paris Tribunal
de Grande Instance, with data that may enable the identification of certain
users that the Vice-Prosecutor believes have violated French law.
'This disclosure puts an end to the dispute between the
parties, which have agreed to actively continue contributing together to the
fight against racism and anti-Semitism, in keeping with their respective
domestic laws and regulations, such as by taking measures to improve the
accessibility of the reporting procedure of illegal tweets.'
Last year Twitter shut down an account run by a German
neo-Nazi group based in Hanover, following a request by German police. Facebook
and YouTube complied with similar requests.
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