The problem is: who gets to decide where the line between petty theft and rape gets drawn with respect to the RTBF?
Ultimately, the legislature when it comes to setting general principles and then the courts when it comes to interpreting those principles in specific cases, just like any other decision like this.
What I meant was: who decides in individual cases. Obviously neither the legislature nor the courts are going to do that. Companies are going to do it, and they are going to do it in a way that minimizes their cost and legal exposure. And that means, under the current law, if they are going to honor their fiduciary responsibilities to their shareholders, they are going to err on the side of censorship. (Note that Google is in a unique position of not actually being beholden to their shareholders. Because of the way the company is structured, Larry and Sergey have absolute control, just as Zuck has absolute control over FB. But those are extremely rare situations for public companies. In any case, I do not want a world where freedom of information depends on the benevolence of a handful of oligarchs.)
Ultimately, the legislature when it comes to setting general principles and then the courts when it comes to interpreting those principles in specific cases, just like any other decision like this.