Doxxing, long prosecuted under other criminal qualifications, now has its own dedicated criminal framework since 2021. This development reflects the genuine danger of a practice that can lead to physical violence. Protecting victims requires speed and coordination.
TL;DR
- Doxxing is specifically criminalized under article 223-1-1 of the Code pénal since 2021.
- The penalty is 3 years' imprisonment and 45,000 euros, with aggravated penalties for vulnerable individuals or those performing sensitive public functions.
- The material element consists of disclosing identifying information that exposes the person to a real risk.
- Emergency procedures available: referé LCEN (emergency injunction under the LCEN), Pharos reporting, and de-referencing.
The Specific Criminalization of Doxxing
The Text
Article 223-1-1 of the Code pénal, introduced by the law of August 24, 2021 reinforcing respect for the principles of the Republic, provides:
The act of revealing, disseminating, or transmitting, by any means whatsoever, information relating to the private, family, or professional life of a person enabling their identification or location, for the purpose of exposing that person or members of their family to a direct risk of harm to the person or to property that the perpetrator could not have been unaware of, is punishable by three years' imprisonment and a fine of 45,000 euros.
This offense rests on four constituent elements:
- A disclosure, dissemination, or transmission of information.
- Identifying or locating information.
- A purpose of exposing the victim to a direct risk.
- A risk the perpetrator could not have been unaware of.
Aggravating Circumstances
The article provides for an increased penalty of 5 years' imprisonment and 75,000 euros when the victim is:
- a public authority holder (elected official, magistrate, military personnel, exposed public servant);
- a person entrusted with a public service mission;
- a journalist within the meaning of article 2 of the law of July 29, 1881;
- a minor.
The legislature expressly addressed the most sensitive contexts: pressure on public institutions, intimidation of the press, and the vulnerability of minors.
Other Applicable Criminal Offenses
Prior to 2021, doxxing was prosecuted under several complementary criminal qualifications that are still frequently invoked in parallel.
Endangerment of Others
Article 223-1 of the Code pénal punishes by 1 year's imprisonment and 15,000 euros the act of directly exposing another person to an immediate risk of death or serious injury through a manifestly deliberate violation of a specific safety obligation.
Invasion of Privacy
Article 226-1 punishes by 1 year's imprisonment and 45,000 euros the act of capturing, recording, or transmitting words or images of a person in a private setting without their consent.
Article 9 of the Code civil provides a parallel civil law basis for obtaining compensation and an order to cease the harmful conduct.
Breach of Correspondence Secrecy
Article 226-15 punishes by 1 year's imprisonment and 45,000 euros the act of accessing, suppressing, delaying, or diverting correspondence or messages addressed to third parties.
Unlawful Processing of Personal Data
Articles 226-16 to 226-24 sanction violations of the RGPD (General Data Protection Regulation): unfair collection, illegitimate purposes, and failure to ensure data security.
Incitement to Hostility
Article 24, paragraph 7 of the law of July 29, 1881 punishes incitement to discrimination, hatred, or violence against a person or group on grounds of origin, sex, sexual orientation, religion, and so forth.
Digital Evidence
"Doxxing has a particularly concerning characteristic: the information disclosed remains accessible for a long time, sometimes indefinitely, on social networks or in archives. The litigation does not end with the initial removal."
Methods of Evidence Preservation
Evidence must be gathered immediately:
- Timestamped screenshots of all publications.
- Complete URLs of the relevant content.
- Account identifiers of the originators.
- Metadata (time of publication, platform).
- Share history where visible.
For sensitive content, a constat par huissier de justice (formal evidentiary report prepared by a bailiff) is strongly recommended. It legally freezes the state of the dissemination at a given point in time.
Identifying the Perpetrators
Anonymous authors can be identified through judicial proceedings. The public prosecutor may require platforms to disclose:
- IP addresses;
- account identification data;
- connection history.
Article 6-II of the LCEN (Loi pour la Confiance dans l'Economie Numerique, the French law governing electronic commerce and online services) requires hosting providers to retain identification data for one year. This obligation has been clarified by both French and European case law.
Emergency Legal Remedies
The Referé LCEN (Emergency Injunction)
Article 6-I-8 of the LCEN allows the judge hearing emergency applications (juge des referés) to order:
- removal of the content by the hosting provider;
- blocking by the internet access provider;
- de-referencing by the search engine;
- cessation measures subject to a daily penalty (astreinte).
The procedure can be initiated within a matter of days. It is the most effective tool for rapidly halting the spread of doxxed information.
Pharos Reporting
The Pharos platform operated by the French Ministry of the Interior allows the reporting of unlawful content. Processing is rapid, particularly for direct threats and dangerous disclosures.
Platform Reporting
All major platforms have implemented specific reporting procedures for doxxing since the entry into force of the DSA (Digital Services Act). Removal timelines are in principle 24 to 48 hours for manifestly unlawful content.
Google De-referencing
A de-referencing request can be submitted to Google. Processing is generally swift for manifestly identifying disclosures. In the event of a refusal, the CNIL (Commission Nationale de l'Informatique et des Libertés, the French data protection authority) may be approached.
Protection of Exposed Individuals
Personal Protective Measures
For the most exposed victims (journalists, elected officials, activists, judges), additional measures should be considered:
- changing phone numbers;
- updating personal data held by public services (tax rolls, property registers);
- registering on confidential mailing lists with service providers;
- engagement of protective services (SDLP for certain functions).
Protection of Family Members
Doxxing frequently targets the family of the primary victim indirectly. Protective measures must extend to relatives who are mentioned or identifiable. The same criminal offense applies to disclosures targeting family members.
Psychological Support
As with cyberbullying, the psychological impact of doxxing can be severe. Genuine fear for one's physical safety justifies professional support. Medical certificates also provide evidence of the harm suffered.
Interaction with Other Proceedings
Civil Action
In parallel with criminal proceedings, a civil action based on articles 9 of the Code civil and 1240 may be brought to obtain damages and cessation orders. It may be pursued independently or alongside the criminal proceedings.
Administrative Action
Supervisory authorities (CNIL, ARCOM) may be approached for violations of the RGPD or breaches of platform-specific obligations.
Actions Abroad
Where the perpetrators or the platforms are located abroad, international cooperation procedures are available. The European e-Evidence Regulation now facilitates intra-European requests.
In Summary
Doxxing is now an autonomous criminal offense, with a framework tailored to its specific dangers. Speed of action, the quality of digital evidence, and the simultaneous mobilization of emergency remedies are the pillars of an effective response.
The firm acts on behalf of individuals targeted by doxxing operations, in coordination with specialized investigative services and the platforms concerned. For situations presenting an immediate physical risk, urgent intervention is essential.
Keywords
- doxxing
- article 223-1-1 french penal code
- publication of identifying information
- endangerment
- emergency injunction LCEN
- online privacy rights
Frequently asked questions
Going further
- What is doxxing?
- Doxxing refers to the public disclosure of personal information about an individual (name, address, workplace, phone number, family photos) with the intent to expose them to retaliation, harassment, or violence. Since the law of August 24, 2021, it constitutes a specific criminal offense under French law.
- Which article of the French Penal Code criminalizes doxxing?
- Article 223-1-1 of the Code pénal (French Penal Code), introduced by the law of August 24, 2021 reinforcing respect for the principles of the Republic, punishes the disclosure of information relating to the private, family, or professional life of a person that enables their identification or location, where the purpose is to expose that person or their family to a direct risk of harm to life, physical integrity, or property.
- What are the applicable penalties?
- Basic doxxing is punishable by three years' imprisonment and a fine of 45,000 euros. The penalties are increased to five years and 75,000 euros when the victim is a public authority holder, a person entrusted with a public service mission, a journalist, or a minor.
