Court orders surrogacy website to be made inaccessible in France

A Spanish website selling surrogacy services to French people will be banned in France by court order.

Last  week, the Court of Cassation ruled in favour of Juristes pour l’Enfance, which asked OVH, a website hosting company, to make the Spanish site inaccessible on French territory.

A 2004 law says a host who is given formal notice to remove illegal content is liable if he does not do so promptly.

But, the Constitutional Council previously specified that the responsibility of the host can only be engaged if the information denounced as illicit presents “manifestly” such a character, the litigation related to the point to know if the content of the Subrogalia company site was merely “unlawful” or “manifestly unlawful”.

In this decision, the Court of Cassation approves the Court of Appeal for having found the “manifestly illicit” nature of a site addressed to French people and offering surrogacy services.

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