Liability of Online Platforms: the Paris Judicial Court confirms Airbnb’s status as a hosting provider under the LCEN and the DSA

At a time when the liability of major digital platforms has become a prominent political topic in France, particularly with the recent controversy surrounding the SHEIN platform, the judgment delivered on 5 November 2025 by the Paris Judicial Court provides a precise and timely clarification of the limits of the liability regime applicable to online intermediaries.

Although the dispute originated from a rental disagreement, the central legal issue was the attempt to hold Airbnb civilly liable for an unlawful listing published by one of its users. The key question was whether the platform should be characterised as an editor or whether it retained its status as a hosting provider under French law (LCEN) and the European Digital Services Act (DSA).

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1. The Parties’ Positions: A Possible Redefinition of Platform Liability?

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a. The Landlord: Attempting to Characterise Airbnb as an “Editor”

To obtain Airbnb’s joint liability, the landlord argued that the platform:

• exercises active content moderation,
• gives directives to hosts,
• has a right of removal,
• possesses verification capabilities through its Terms of Service.

According to the claimant, these elements sufficed to requalify Airbnb as an editor, thus enabling the court to hold it jointly liable with the tenant for the restitution of unlawful earnings, platform commissions, and damages.

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b. Airbnb: A Strict Reminder of the LCEN and DSA Safeguards

Airbnb relied on the robust protective framework for hosting providers:

• LCEN, Article 6-I: no general obligation to monitor user content; liability arises only where the provider has actual knowledge of illegal content and fails to act;
• DSA, Article 8: prohibition on imposing any duty to actively investigate illegal activities;
• a purely intermediary role, with hosts fully responsible for the accuracy and legality of their listings;
• prompt removal of the listing (deactivated seven days after notification).

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2. The Court’s Reasoning: A Clear and Unequivocal Confirmation of Hosting Provider Status

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a. Combined Application of the LCEN and the DSA

The court recalled that platforms:

• have no general duty to monitor the information they store or transmit,
• can only incur liability when there is actual knowledge of illegal content, followed by inaction,
• are under no obligation to verify the legality of listings before publication.

Airbnb therefore had no duty to check whether the tenant was legally authorised to sublet the property.

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b. Analysis of the Terms of Service: A Strictly Intermediary Role

The court emphasised that:

• the host alone determines the content, price and availability of the listing;
• Airbnb does not draft or approve the listing, nor does it take part in the contractual relationship;
• the existence of after-the-fact moderation does not transform the platform into an editor.

The platform’s role is therefore confined to technical hosting within the meaning of the LCEN and the DSA.

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c. No Fault Attributable to Airbnb: Prompt Removal and Total Rejection of the Claims

Since Airbnb acted promptly after being notified (removal on 22 January 2024), no fault could be established.

The court therefore dismissed:

• the restitution of rental earnings;
• the restitution of commissions;
• all damage claims;
• any possibility of joint liability.

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This decision confirms with clarity that the hosting-provider status remains the cornerstone of platform liability, under both the LCEN and the DSA. Airbnb cannot be required to monitor the legality of listings in advance, nor to police contractual compliance between landlords and tenants.

Lastly, although this judgment is handed down at a moment when the SHEIN platform is generating considerable political attention in France, the comparison is misplaced: each platform operates under a distinct technical and economic model, and its liability regime must be assessed on the basis of its actual functioning.