Why Facebook content spreads quickly

Facebook Groups can host closed NCII trading communities that escape automated moderation. Marketplace listings have been used to distribute NCII as fake product images, and Profile photos can be reverse searched.

France legal framework

Code pénal article 226-2-1 (atteinte à l'intimité de la vie privée à caractère sexuel). Up to 2 years imprisonment and €60,000 fine.

The civil erasure right under GDPR Article 17 (right to erasure) plus Loi Informatique et Libertés is enforceable against Facebook regardless of where Facebook processes the data, where the data subject is in France.

Facebook removal route

Facebook accepts NCII reports through Meta's NCII portal and through the in app report flow. Marketplace, Groups, and Profile content all share the same reporting pipeline.

Meta operates the NCII Hash Database Pilot in cooperation with the Cyber Civil Rights Initiative. A successful Facebook removal often produces a hash that is propagated to Instagram and other Meta platforms automatically.

Evidence preservation specific to Facebook

Capture the post URL, the group name, and the user profile URL. Facebook retains content metadata for 90 days post deletion which supports subpoena requests through Facebook Law Enforcement Online Requests.

Five step removal process

  1. 1

    Capture evidence from Facebook

    Capture the post URL, the group name, and the user profile URL. Facebook retains content metadata for 90 days post deletion which supports subpoena requests through Facebook Law Enforcement Online Requests.

  2. 2

    File Article 226-2-1 Code pénal criminal complaint

    Report to local police or national cybercrime unit. Plateforme PHAROS / 3018 can assist.

  3. 3

    Submit GDPR Article 17 (right to erasure) plus Loi Informatique et Libertés erasure request to Facebook

    Facebook accepts NCII reports through Meta's NCII portal and through the in app report flow. Marketplace, Groups, and Profile content all share the same reporting pipeline. The request must identify the URLs and cite the legal basis. CNIL accepts complaints for non compliance.

  4. 4

    Run a biometric scan to find every other hosting location

    Content rarely stays on one platform. ScanErase identifies every current location in a single scan including mirrored copies and AI generated variants of the same image.

  5. 5

    Dispatch parallel TAKE IT DOWN Act notice to Facebook

    Facebook is a covered platform with a 48 hour federal removal obligation. ScanErase files the notice within 5 minutes of authorisation.

Frequently asked questions

Can Facebook be required to remove intimate images of a France resident?

Yes. GDPR Article 17 (right to erasure) plus Loi Informatique et Libertés gives any data subject in France the right to require erasure. Facebook operates a dedicated NCII removal portal that processes these requests. Where Facebook is also subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour federal obligation.

What is the criminal exposure of the person who posted to Facebook from France?

Code pénal article 226-2-1 (atteinte à l'intimité de la vie privée à caractère sexuel). Up to 2 years imprisonment and €60,000 fine.

How does Facebook verify a France erasure request?

Facebook accepts NCII reports through Meta's NCII portal and through the in app report flow. Marketplace, Groups, and Profile content all share the same reporting pipeline. CNIL can be petitioned if Facebook fails to act within the statutory window.

Can the France regulator force Facebook to remove content?

ARCOM and the Pharos platform receive reports and can refer to hosts for removal. Loi Avia provisions on illegal content removal also apply.

What evidence should I capture from Facebook?

Capture the post URL, the group name, and the user profile URL. Facebook retains content metadata for 90 days post deletion which supports subpoena requests through Facebook Law Enforcement Online Requests.

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