Presentation
On August 6, 2026, Me Chomiac de Sas was interviewed by Thomas Engrand for Le Figaro regarding the Jean Pormanove case, following the verdict handed down by the Nice Criminal Court against the streamers involved in operating the Kick channel “JeanPormanove”.
The interview provided an opportunity to discuss the additional sentence imposed: the digital banning of the two convicted individuals.
The Jean Pormanove Case – Monetized Violence Against a Streaming Backdrop
As a reminder, on August 18, 2025, influencer Raphaël Graven, aka “Jean Pormanove,” was found dead during a live stream on the Australian platform Kick. At the time, he was participating in a live stream hosted by streamers Owen Cenazandotti, known as “Naruto,” and Safine Hamadi, known as “Safine,” two content creators who were among the most followed on the platform in France at the time: 200,000 subscribers and 20,000 viewers each night.
Trash Streaming. Historically broadcast on Twitch before several sanctions, the influencers’ channel featured challenges from various guests in a studio called “Lokal.” In a constant quest for dramatic reactions, Jean Pormanove and Stéphane G., nicknamed “Koudou,” became the “victim stars” of the videos: each blow and humiliation inflicted was indirectly monetized through donations and interactions with the public.
Legally, it is important to clarify that the judgment did not address the circumstances of his death. Mr. Graven’s autopsy reportedly concluded that there was no third-party involvement: no trace of external violence or criminal act was detected. In February 2026, the case concerning Jean Pormanove’s death was dismissed.
Kick Influencers – Streamers Convicted
The investigation focused on the hundreds of hours of live streams on the channel that preceded these events. The analyzed content led the prosecution to request the conviction of Owen Cenazandotti and Safine Hamadi for several offenses: group violence, abuse of a vulnerable person, dissemination of violent images, and incitement to hatred or violence.
On August 5, 2026, the Nice Criminal Court sentenced the two streamers:
Owen “Naruto” Cenazandotti, 27, was sentenced to two years’ imprisonment, suspended, and a €15,000 fine;
Safine Hamadi, 24, was sentenced to eighteen months’ imprisonment and a €5,000 fine.
Their sentences also include a six-month digital ban.
In the absence of a public announcement of an appeal, the sentences are not yet final.
Digital banning of influencers
Codified in Article 131-35-1 of the Penal Code, this additional penalty stems from Law No. 2024-449 of May 21, 2024, known as the “SREN Law,” which aims to strengthen user responsibility online and combat abuse in the digital space more effectively.
Article 131-35-1 of the Penal Code states:
“When an offense is committed by means of or through an online platform service, the court may prohibit the convicted person, as an additional penalty, for a period not exceeding six months or, in the case of repeat offenses, one year, from using that service. It may also prohibit the creation of new accounts allowing access to the same service.” »
A legal innovation, digital bans, which can last up to six months or one year in cases of repeat offenses, aim to deter the recurrence of offenses on social networks and platforms by temporarily disconnecting offenders from the platforms used to commit the offenses.
This is a temporary, proportionate, and targeted penalty that does not deprive the individual of access to the entire internet, but only to the specific services used to commit the offense.
Digital Bans – Offenders and Social Networks
The penalty of a digital ban requires that the social network platform in question be clearly identified. Once the court decision is issued, the offender is prohibited from using their existing accounts on the targeted platform and from creating new accounts to access the same service.
More importantly, this penalty can also include an obligation for platform operators. They are required to suspend the targeted accounts. Failure to comply with this obligation may result in a fine of up to €75,000.
Failure by the convicted person to comply with the banishment sentence is considered a criminal offense, punishable under Article 434-41 of the Penal Code, which provides for a sentence of two years’ imprisonment and a €30,000 fine.
Digital Banning – Rights & Protection of Internet Users
During the interview, the proportionality of this penalty and its compatibility with other fundamental freedoms were discussed.
The limitations imposed by this penalty, restricted to specific social networks and for a capped period, appeared proportionate to the objectives of ensuring the safety and protection of individuals online.
Pronounced following a fair trial and the full exercise of the rights of the defense, digital banning appears to be a deterrent and relevant measure within the broader context of the effectiveness and performance of the judicial response to online offenses.
It complements traditional penalties such as fines, imprisonment, or public posting, and contributes to the diversification of sanctions adapted to the current technological context.
It constitutes a graduated, targeted, and proportionate response to abuses on platforms, while preserving freedom of expression and fundamental rights. However, it requires good cooperation from the platforms, rigorous judicial oversight, and training for judges in these new legal tools.
Finally, this additional penalty is linked to other civil obligations that can be imposed by the courts, such as injunctions to remove content, delisting, or measures to protect victims.
Influencers and social networks: what are their legal responsibilities?
The Jean Pormanove case is not over, as several investigations are still underway regarding the funding of streamers, but especially concerning the potential liability of the Kick platform, particularly to determine whether it paid the streamers and whether it failed in its moderation obligations despite reports.
Find the presentation of the case and the issues of responsibility raised during our interview for La Croix in August 2025.
Digital Banning and Online Offenses – Digital Law Specialist
Ensuring the compliance of online content published by influencers, content publishers, and hosting platforms—whose status is gradually evolving towards consolidated liability—requires considerable vigilance in the current competitive landscape for market share and audience reach. This compliance is particularly important given the ongoing competition for market share and audiences.
PCS Avocat assists professionals, platform creators, influencers, and online content creators with all their digital compliance challenges, as well as the issues related to liability and content moderation.
