Presumed Innocent En Ligne ★

This paper investigates the following question: To what extent does the principle of presumed innocent apply in online environments, and what normative framework should govern its application? The analysis proceeds in three parts. First, a conceptual overview of the presumption in traditional jurisprudence. Second, a diagnosis of three zones of inversion: platform moderation, digital evidence, and networked vigilantism. Third, a proposal for procedural reforms grounded in "digital due process."

Digital environments disrupt this logic in three fundamental ways. presumed innocent en ligne

This is the purest inversion of the presumption: the burden shifts to the accused to prove their innocence in real-time, before an unbounded audience, with no rules of evidence, no right to silence, and no neutral arbiter. As noted by Citron (2014), "digital vigilantism operationalizes guilt until proven innocent." The speed and scale of social networks mean that even a later exoneration rarely restores the prior status quo. This paper investigates the following question: To what