France Seeks Three Month Ban On Shein Over Illegal Products
The French government is pursuing an extraordinary judicial procedure to secure a three-month suspension of the Chinese online retail giant Shein in the country. A Paris judge is scheduled to hear the government's request on Wednesday, seeking to halt the platform's operations over concerns regarding the sale of illegal products, specifically childlike sex dolls and banned weapons, on its marketplace.
Although Shein has already proactively disabled its third-party marketplace, which allows other sellers to offer products, in France since November 5th, following the government's initial discovery of these illicit items, the part of its website featuring Shein's own clothing line remains fully accessible. The French finance ministry official clarified that the government's objective is a comprehensive, three-month suspension of the entire Shein website, aiming to pressure the company into implementing more stringent controls over the products it hosts and sells.
The accelerated judicial procedure will be heard by the court of Paris, which has summoned Infinite Styles Services Co Ltd, the Dublin-based entity responsible for Shein's European business operations. Lawyers representing the company are also expected to attend the hearing. France's legal argument is grounded in Article 6.3 of its digital economy law, a provision that grants judges the authority to prescribe measures to prevent or cease harm caused by online content.
A key aspect for the court will be to determine if a suspension is warranted and, crucially, if such a measure aligns with existing European Union law. Under EU regulations, online marketplaces are generally considered intermediaries and are not held directly liable for products sold by third parties. However, these platforms do bear an explicit obligation to remove illegal products from their sites as soon as they become aware of their presence.
A finance ministry official, speaking at a press briefing, highlighted the government's perspective: "We know how powerful Shein is from a technical standpoint, and even, I would say, in terms of its use of artificial intelligence for production, so we can assume that it has the technical, technological and financial means to carry out these checks. The fact is that it does not do so." This statement underscores the government's belief that Shein possesses the capability to prevent such illicit sales but has failed to adequately do so.
A ruling on the suspension is not anticipated immediately on Wednesday but is expected to be delivered in the coming weeks. Shein, when contacted, did not provide an immediate comment regarding the ongoing legal proceedings.
In addition to summoning Shein's European operator, the French government has also called upon major internet service providers (ISPs) in the country, including Bouygues Telecom, Free, Orange, and SFR, to attend the hearing. The government's request to these ISPs is to block access to Shein's website should the court rule in favor of the suspension.
