The internet report: everything you need to know

le constat internet


the internet finding

the Internet finding by a bailiff consists of the departmental representative capturing online content. He then draws up a report of findings which will serve as evidence before a court in the context of a dispute arising on the Internet.

On the web as in real life, you can be the victim of personal aggression or defamation. As a business, you may face:

  • unfair competition,
  • counterfeit,
  • or even a diversion of customers.

A law has been put in place. That of defenses against harm on the internet thanks to a bailiff’s statement on the internet.

What is an internet report? How does a bailiff’s report take place on the internet and what are the conditions of its validity? We go around the subject.

What is an internet report?

A internet report by a bailiff is an extrajudicial act by which the ministerial officer captures online content at a specific moment to make it irrefutable proof.

When the conditions of validity are met, the report drawn up at the end of the report serves as a means of evidence before the tribunal. The bailiff’s report on the internet thus serves to assert your rights so that you can more easily obtain compensation for your damage.

Indeed, the content (texts, images, videos, etc.) published on the web is not fixed. They can be changed or even disappear quickly. In the event of prejudice, it is therefore important to act quickly, before the author of the publication modifies or deletes it, thus making the evidence disappear.

To do this, you just need to call on a bailiff to ascertain the facts.

When to request a report on the Internet by bailiff?

In certain situations, it may be useful to call on a bailiff to carry out a report on the Internet:

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Contractual liability

When ? In the event of commercial parasitism, unfair competition, non-compliance with the terms of the contract, etc.

A customer who buys on a website and the sales contract is not respected can, for example, engage the responsibility of the supplier.

He will therefore call on a bailiff to take screenshots of the description of the products and the general conditions of sale (CGV) online in order to ascertain the situation.

Infringement of intellectual property rights

This is copyright infringement, trademark infringement, image rights, plagiarism (theft of internet content, duplicate content), etc.

You can send a report request to a bailiff to make an inventory on the Internet in order to find the offense.

Human rights violation

Identity theft or invasion of privacy, hacking (Facebook account, Twitter, etc.), defamation (Facebook page), harassment, etc. the bailiff can make a report on the internet to draw up the report.

Malfunctions

In the event of a breakdown, or non-accessibility to a function, for example, the owner of the site may call on a bailiff to observe the malfunctions in order to obtain compensation from his service provider or supplier.

Observation on the Internet: for what types of content?

A bailiff’s report is possible for all visual or readable content on the Internet:

  • Page(s) of a website;
  • Content of a blog;
  • Online press articles;
  • Text, image, animation, audio, video or comments on a social network (Instagram, Facebook, LinkedIn, Twitter, etc.);
  • Video for download or streaming;
  • Documents (PDF, Word, Excel file, etc.);
  • Internet advertisements (pop-up windows, AdWords…), etc.

How to find damage on the internet?

For an internet statement to be valid, it must comply with the validity conditions defined by the AFNOR NF A67-147 standard.

A screenshot has no validity

To see a offense on the web, the uninformed user instinctively takes a screenshot or a video recording. He thus thinks he has proof of his prejudice.

However, all this has unfortunately no value in court for two main reasons:

  1. You cannot prove the date or the actual conditions under which the report was made: the browser can be tampered with; the computer may be infected with a virus.
  2. A screenshot or screenshot can easily be edited by anyone.

You must have recourse to a bailiff

The judicial officer as an impartial ministerial officer represents the ideal person to contact for a finding on the internet.

The latter, within the framework of his intervention, will act in accordance with the rules specified by case law. Whether the report is made by a traditional bailiff or a specialized online service, it must include proof that all the validation conditions have been met.

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How does an internet statement by a bailiff take place?

Generally, the observation of an offense on the Internet by a bailiff takes place in two main parts.

Initially, the bailiff will carry out the operations necessary to prove that the report was carried out in the rules. This is a very important operation that can last several hours if the specialist is not used to performing such manipulations.

After the first phase of preparation, the bailiff will then make the findings.

It is still important to note that the bailiff will only do what you ask him to do during the report. You must therefore be very precise in your orientations and in the findings that you want to achieve.

Directions can look like this:

  • Go to www.google.com
  • Launch the query “seo referencing”
  • Note that at the line xa website there propose an answer
  • Click on the link to go to the website
  • Find that the published content is an integral copy of the content published on my site and of which I am the author.

How is the report of an internet finding drawn up?

the bailiff’s report on the internet must be supported by a minutes drawn up by the bailiff. It is this element that will serve as proof of the dispute. To do this, the judicial officer must:

  • Identify the search engine used to access the disputed data and take screenshots
  • Describe what he observes and again take screenshots
  • Record the address of the disputed page, the IP address and the identity of the owner of the page and the source code of the page (add screenshots of the legal information of the site).
  • Write the minutes. The document must then be edited and registered immediately to guarantee a certain date for the finding of the dispute. The document thus drafted constitutes a certificate of finding accepted by the French courts in the context of legal proceedings.

The technical conditions of validity of the internet statement

To ensure the authenticity of the findingsreports on the Internet by bailiffs must respect a certain number of rules.

Moreover, during the judgment of March 4, 2003, the Tribunal de grande instance of Paris established the principle according to which “the probative force of the bailiff’s report made by means of online screenshots is conditioned by the respect of certain technical precautions”.

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Since September 2010, the AFNOR Z67 — 147 standard has provided details on the conditions for the validity of bailiff’s reports on the Internet. Thus, the bailiff responsible for carrying out the report must ensure that the following rules are respected:

  • Have emptied the browser cache folder (deletion of cookies, temporary files, usernames and passwords)
  • Have disabled proxy server connection.

The report must include proof that all these conditions have been met, the report is made by a traditional bailiff or by a specialized service.

The report of the report must also include a description of the technical configuration of the terminal used to make the report and mention the IP address of the terminal.

Internet observation: the difficulties

Making an internet report is not always easy.

Advertisements, for example, display differently to individuals depending on their geographic location. Browsing habits, in particular browsing history, is also an element that influences the display of advertisements on the Internet.

Another example concerns frauds which can appear in a short and/or random time.

The bailiff must therefore be alerted in time to make his statement at the right time. He must nimbly be able to do his preparation in a relatively short time so that the fraud is always observable.

When should you call on a bailiff?

A judicial officer and competent to make an online report in a large number of cases.

Its field of action is vast and continues to expand with developments in technology and means of communication.

Insults, denigration, unfair competition, plagiarism… you can request an internet report as soon as you are victim of an online crime.

How much does an internet report cost?

the price of a report on the internet by a bailiff of justice is not regulated.

The cost therefore depends essentially on the purpose of the report and the specialist (traditional bailiff or online report service).

This price takes into account:

  • the technical and legal manipulations requested;
  • as well as the time needed to write the minutes.

You must therefore contact your specialist for an internet report quote.

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