Earlier this week, at a time when the spirits are not yet fully awake, it is always interesting to try to do some mental gymnastics. The story of the day is simple: can exercise a right of reply on Twitter?
Twitter, everyone knows it. The famous network communications using the "Statute" of less than 140 characters. The registrants to publish their latest information, send messages to others or "retweettent" and therefore, rebroadcast, messages from other users tweets. At one point, it can slip. This has happened several times. False advertisements, violent messages, etc..
If we place ourselves in the field of legislation, we could look at how we could use 6.iv section of the Act of 21 June 2004 on Confidence in the Digital Economy (LCEN ). This article introduces simply a right of reply in online. The Article provides that:
IV.-Any person appointed or designated in a communication service online public has a right of reply, without prejudice to requests for correction or deletion of the message it might send to the service.In summary, any person named on a communication service to the public online, ie on a website can apply to exercise his right of reply. It is addressed either the publisher of the content, or to the host. And publisher of content to 3 days, under pain of criminal sanction, to put that right of reply.
application for exercise of right of reply is sent to the Director of the publication or, if the person editing non-professional has remained anonymous to the person mentioned in 2 of which I shall transmit it without delay to the publication. It is presented at the latest within three months from the provision of public message justifying the request.
The managing editor is required to insert in the three days of receiving the responses of each person appointed or designated in the communication service to the public online or face a fine of 3,750 euros, without prejudice to other penalties and damages to which the article might give rise.
conditions of insertion of the response are those provided by Article 13 of the Act of July 29, 1881 supra. The answer will always be free.
A decree in Conseil d'Etat shall define the modalities for implementing this IV.
A decree of October 24, 2007 has clarified the conditions for exercising this right. The response takes the form of a message to the limited size of the original message and must be made available to the public under conditions similar to the original message. Finally, the answer is " be published following the message in question is accessible from this .
And then in terms of tweets? How? When a user writes timeline in its message public (ie the timeline is similar to a public communication line and not, under the common interests binding the account holder and his followers, private correspondence) and to a person appointed (or appointed through his user name), the latter is entitled to demand a right of reply.
designated person may require the account owner publishes this reply to the same place (ie, as a tweet as well) with the same number of characters. The tricky part will remain the obligation to relate the original message to the right of reply.
Indeed, given the impossibility of directly involving two messages in its Timeline (except in the form of a link, but then limited the number of available characters for the message in response), one can imagine that this obligation will be fulfilled easily.
Another solution is to the named person to respond directly to the offending tweet and ask the author complained to the tweet and retweet and repost the answer to all his followers. The value for the named person is to maintain control of the content of the response and so enable its distribution to all followers of the author's original message. "Please RT" then find a legal usage .. unique!
The limit to this exercise also remains the numerous "retweets" that the initial message may have known. However, since the original tweet was voluntarily retweet, the person named would be legitimate to contact each author of retweets to obtain from them the insertion of the right of reply as desired.
An exercise in legal fiction, but that should, without doubt, to be implemented. Just allowing the many legal twitterers make some tweets. And in this case, remember not a "cc @ btabaka.
Author: Benoit Tabaka - http://tabaka.blogspot.com 
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