France’s Regulator Unable to Block Channel of Deceased Streamer

The head of France’s media regulatory authority has stated that the agency lacks the jurisdiction to block an online channel belonging to a streamer who died during a live broadcast. This situation arose following the death of 46-year-old Raphael Graven, known online as Jean Pormanove or JP, while streaming on the Australian platform Kick on August 18, 2023.

In an op-ed published by Le Monde, Martin Ajdari, the chief of ARCOM, explained that because Kick operates without a physical presence in France, the platform does not fall under the direct authority of the agency. He emphasized that only a judge holds the power to assess the legality of the content posted by individuals like Graven.

Graven’s channel had gained significant attention for its controversial content, where he engaged in endurance challenges involving abuse and humiliation from peers. Following his death, a post-mortem examination revealed that he did not die from trauma or foul play. According to public prosecutor Damien Martinelli, the likely cause of death was a medical issue, possibly linked to underlying health conditions, including heart problems and treatment for a thyroid disorder.

Ajdari acknowledged the tragedy raises serious questions regarding the responsibilities of platforms that host such content. “This tragedy obviously raises the question about the responsibility of the platform that broadcast the images,” he stated. He expressed concern that Graven’s previous videos, which featured instances of abuse, remained online for months without any complaints being filed, a situation he described as “obviously incomprehensible.”

As scrutiny of Kick intensifies in France, Ajdari asserted that there is an urgent need for a new phase of digital regulation. He believes that the current framework allows for unacceptable situations to occur without oversight. “We need to ensure that such a situation does not happen again,” he said, calling for a collective response to digital content regulation.

With online streaming becoming increasingly popular, the incident highlights the challenges regulators face in managing content on platforms that operate outside their jurisdiction. As ARCOM navigates these complexities, the conversation around the implications of digital content regulation is expected to continue, with various stakeholders advocating for clearer guidelines to protect users and prevent similar tragedies in the future.