Platform regulation in France: Why Article 6-3 of the LCEN may be more important than the DSA

In two cases concerning digital platforms, the Paris Commercial Court ruled on 19 December 2025 that a complete blocking of the websites was disproportionate in each instance: 

• Paris Commercial Court, 19 December 2025, Case No. 25/57054 (Kick)  

• Tribunal judiciaire de Paris, 19 December 2025, RG No. 25/57861 (Shein)  

Both cases clearly demonstrate how digital platforms are dealt with in France during acute crisis situations and the central role played by national law in this regard.   

📺 Case 1: Kick – Live streaming with fatal consequences  

Following a live stream lasting over 298 hours and the death of a 46-year-old streamer known as “Jean Pormanove”, the State applied for  

• the complete blocking of the platform  

• and the removal of certain content. 

Although the Paris court acknowledged significant harm to public order, it ruled that a complete shutdown would be disproportionate.  

Instead, the following were deemed sufficient:  

• removing specific content  

• and establishing measures to prevent similar incidents in the future.  

️🛍️ Case 2: Shein – Sale of legally problematic products  

The proceedings against Shein focused on the sale of sex dolls, particularly with regard to the protection of minors.  

Here too, a complete blocking of the platform for three months was requested.  

The court also rejected this as disproportionate and instead imposed specific conditions, in particular:  

• the introduction of effective age verification systems  

• as well as the adjustment of the product range before the products are made available again.  

⚖️ 19 March 2026 – RG No. 25/20957 – SHEIN  

With regard to the Shein ruling, this approach was also confirmed by the Paris Court of Appeal, on the grounds that:  

•  no current or certain future harm  

• immediate response by the platform (controversial products removed from sale)  

📜 Recourse to national law (Art. 6-3 LCEN)  

It is noteworthy that in both proceedings, the court did not primarily rely on the Digital Services Act, but rather on Art. 6-3 LCEN (the French law on strengthening confidence in the digital economy).   

This provision allows the judge to respond flexibly and on a case-by-case basis to specific risks, without acting as a regulatory authority themselves.  

The comparison highlights the different approaches:   

Art. 6-3 LCEN:  

• immediate and targeted interventions possible   

• flexible measures to avert danger

DSA:  

• no mechanisms specifically designed for immediate intervention in acute danger situations  

• structural procedures (e.g. notice-and-takedown) that reach their limits with real-time content 

• supervision divided between the European Commission and national DSCs (Digital Services Coordinators,    e.g. Arcom in France)  

In practice, this can lead to unclear responsibilities, meaning it is not clear which body must or can intervene at short notice – as evidenced by the fact that no immediate intervention took place despite existing indications.  

The civil court therefore acts in a supplementary capacity, enabling targeted interventions to close this gap without replacing the role of the competent authorities.   

📌 Implications for practice   

•  In France, effective national enforcement instruments continue to exist alongside the DSA  

• Courts prefer targeted, proportionate measures over blanket blocking  

• Intangible assets and digital content are at the heart of these proceedings  

For companies operating in France, this means:  

• an increased risk of short-term judicial measures  

• the need to take both European and national regulations into account  

• a close interplay between IT, media and IP law  

🤝 Our approach at Mars-IP  

We assist companies with:  

•  the legal structuring of digital business models in France and Germany  

• the assessment of regulatory risks (DSA, LCEN)  

• representation in summary proceedings before French courts  

• as well as the strategic management of cross-border matters  

✉️ Contact  

If you offer digital content or platforms in France, we would be happy to assist you in ensuring legal compliance and effective risk management. 

Image: Pixabay

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