Cyberharcèlement : la Belgique prépare un bannissement numérique
Belgium is considering a system to temporarily ban individuals from social media platforms who are convicted of online offenses, drawing inspiration from a similar law in France. The initiative, spearheaded by Minister of Digital Affairs Vanessa Matz, aims to combat cyberbullying, the dissemination of intimate images without consent, hate speech, and terrorist propaganda. The proposal involves a judicial order leading to a ban on accessing social media, with the goal of ending impunity and preventing recidivism. The implementation raises significant technical challenges regarding identification, user control, and the protection of privacy, requiring careful consideration of legal and ethical implications.
Belgium is exploring a novel approach to addressing online criminal activity by proposing a system of ‘digital bans’ for convicted offenders. The initiative, driven by Minister of Digital Affairs Vanessa Matz, is modeled after a recently implemented law in France. The core concept involves a judicial order leading to a temporary ban on an individual’s access to social media platforms if they have been found guilty of online offenses, including cyberbullying, the sharing of intimate images without consent, hate speech, and terrorist propaganda.
Inspired by the French ‘SREN’ law (Sécurité, Régulation, Économie Numérique), which was enacted in 2024, Belgium seeks to move beyond simply prosecuting offenders and instead proactively prevent further harm. The French law, which led to the first application of a digital ban, involved the conviction of streamers Naruto and Safine for their roles in the death of Jean Pormanove, where they broadcasted live footage of his death.
However, the implementation of such a system presents considerable technical hurdles. A central question for Belgian authorities and social media platforms is how to reliably identify a person who has been banned and ensure they do not simply re-establish their online presence under a different identity. To address this, the Minister has requested an opinion from the Institut belge des services postaux et des télécommunications (IBPT) on the practicalities of implementing the system, focusing on identification and control mechanisms.
Crucially, the system must remain compatible with fundamental rights and privacy protections. The proposal acknowledges the continued legitimacy of pseudonyms and emphasizes that the ban should not impede the legitimate use of online identities. The goal is not to create a system of generalized online surveillance, but rather to effectively prevent recidivism and hold offenders accountable.
This initiative reflects a broader trend towards addressing online harm through a combination of legal frameworks and technological solutions. The debate centers on balancing the need to combat online abuse with the protection of individual freedoms and the preservation of a vibrant online ecosystem. The success of this Belgian proposal will depend not only on the legislative text but also on the development of robust tools and processes for identifying and controlling online behavior.