France’s Regulator Unable to Block Channel of Deceased Streamer

The head of France’s regulatory body for broadcasting and online content has stated that the agency lacks the authority to block an online channel belonging to a streamer who passed away while live streaming. The channel, hosted on the Australian platform Kick, operates without representation in France, making it outside the direct jurisdiction of the Autorité de régulation de la communication audiovisuelle et numérique (ARCOM). This clarification was issued by Martin Ajdari in an op-ed published in the French newspaper Le Monde.

The streamer, identified as Raphael Graven, known online as Jean Pormanove or JP, died on August 18, 2023, during a marathon live-streaming event that lasted 12 days. His channel featured extreme content where he endured humiliation and abuse from other participants. Following his death, a post-mortem examination revealed that he did not die from trauma or external violence. Instead, a public prosecutor, Damien Martinelli, indicated that the cause of death was likely related to a medical issue, possibly compounded by substance use. Graven had reportedly been receiving treatment for a thyroid condition and may have had underlying heart problems.

In response to the incident, Ajdari remarked that the tragedy raises significant questions about the responsibility of online platforms like Kick. He emphasized that only a judicial authority, not ARCOM, can legally assess the content shared by individuals online. The agency’s powers are confined to applying European Union laws to entities that maintain a presence in France.

Ajdari expressed concern over the fact that Graven’s previous videos, which depicted abusive scenarios, remained accessible online for an extended period without any complaints. He characterized this situation as “obviously incomprehensible” and called for a new phase of digital regulation to prevent similar occurrences in the future.

The issue has brought Kick under intensified scrutiny in France, raising broader discussions about the responsibility of streaming platforms and the content they host. Graven had cultivated a substantial following on Kick, with hundreds of thousands of subscribers engaging with his controversial live streams.

As the conversation surrounding online content regulation evolves, many are left contemplating the balance between freedom of expression and the safety of individuals participating in extreme online activities. The incident not only highlights regulatory challenges but also underscores the urgent need for reassessment of how digital platforms manage and monitor content.