Home » News » Law against separatism: a cut to freedom of expression?

Law against separatism: a cut to freedom of expression?

Sensitive subject. To better fight against hate messages disseminated on the Internet and social networks, will the law of July 29, 1881 on freedom of the press, guarantor of freedom of expression, be weakened? And how to fight against these hate messages that led to the assassination of the teacher Samuel Paty, in Conflans-Sainte-Honorine? Following this attack, the Attorney General to the Paris Court of Appeal, Catherine Champrenault, proposed to remove from the 1881 law on freedom of the press offenses of incitement to hatred.

Article 24 of the law stipulates that those who will have provoked to discrimination, hatred or violence against a person or a group of persons because of their origin or their belonging or not belonging to an ethnic group, a nation, a race or religion , may be sentenced up to one year in prison and a fine of € 45,000. But according to the magistrate, the law of 1881 does not allow rapid proceedings such as immediate appearance, nor security measures such as judicial review or pre-trial detention .

“There would be no worse symbol”

Be careful, warns lawyer Christophe Bigot, in an article published in The world : There would be no worse symbol today than to weaken the 1881 law by unraveling it, when this is precisely the goal pursued by those who armed the assassin. Have we forgotten that Charlie Hebdo had been attacked for racial insult? And, if he was released for publishing the cartoons of Muhammad, it is precisely because of the protections in the press law for this type of offense.

Once again marching on a ridge line, the government chose to create a new crime of endangering the life of others by disseminating information relating to the private, family or professional life of a person making it possible to identify or locate him .

Text submitted to the Council of State

Too many people who have nothing to do with the press come to take advantage of the shield of the law of 1881 which protects freedom of expression to distill speeches at odds with the values ​​of the Republic , observes the Keeper of the Seals. With this new offense, the magistrates could therefore immediately prosecute the author of the speech, online, which could endanger a person.

At the Ministry of Justice, we are assured that it is not the 1881 law that would be amended, but the Code of Criminal Procedure. The objective is to allow a better effectiveness against hatred online, while preserving the entirety of the work of journalists. , we insist in the ministry. Only people who broadcast a message in a personal capacity or who do not depend on a structure with a responsibility in cascades . Journalists working for a media outlet with an editor would therefore continue to depend on the 1881 law, and not on this new offense.

This is progress, believes Me Philippe Coen, president of the NGO Respect zone, which fights against cyberviolence and advocates for better prevention. Current law does not properly address these new offenses. Being online on social networks should not be a source of threats against yourself . The NGO provides free legal assistance for victims of online threats.

The government’s text was submitted to the Council of State for validation.

– .

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.