Press law lawyer

What is press law?

In a country like France, where freedom of expression and freedom of opinion are highly protected, press law plays a major role in criminal law.

Press law is governed by the Freedom of the Press Act of 29 July 1881, which affirms freedom of the press while defining its limits. The difficulty of press law lies in striking a balance between the freedom given to the press and the limits that must be set in order to respect the rights of others. Ensuring that the media (newspapers, radio, television, internet, etc.) are not used to cause harm is a crucial issue in criminal law.

Under the law of 29 July 1881, anyone involved in public communication can be held criminally liable in a dispute relating to press law. A number of reprehensible criminal offences are set out in the provisions of the law on freedom of the press.

When should you call on the services of a lawyer specialising in press law?

The advent of the right to freedom of the press has given rise to new offences under the law of 29 July 1881.

A lawyer specialising in press law can provide specialist assistance in cases of defamation, insult or slander. Our lawyers specialising in press law can protect your interests in any proceedings involving the media.

At a time when social networks are predominant in our society, the support of a lawyer specialising in press law is necessary in order to combat any criminal offences that may exist through our screens.

What offences are covered by the law of 29 July 1881?

Whether you are the victim of or accused of an offence under press law, our firm is there to defend your interests.

The law of 29 July 1881 provides for a number of press law offences for which the firm can assist you.

Defamation

Article 29 of the law of 29 July 1881 defines defamation as “any allegation or imputation of a fact that is prejudicial to the honour or consideration of the person or body to which the fact is imputed”.

For defamation to be defined as such, three constituent elements must be present:

• an accusation concerning a specific fact
• an attack on esteem
• an identifiable person

The accusation must concern a specific fact which, by its disclosure, has damaged the esteem of an identifiable person.

Under article 32 of the Freedom of the Press Act, anyone accused of defamation is liable to a fine of 12,000 euros. If the defamation is directed against a person or group of persons because of their origin, ethnic group, nation or religion, the penalty is one year’s imprisonment and a fine of 45,000 euros.

Insult

Insult is an insult in the form of writing, words or gestures that are not based on reality and are intended to harm the honour of the person concerned. Unlike defamation, insult refers to general statements and not to statements that can be proven or challenged in court.

The identification of an outrageous term is the first criterion for an insult to be characterised. The second criterion is that the person claiming to be the victim of the insult must be identifiable. If the victim is not directly named, it is not enough for the insult to be uttered; a person close to the person targeted by the insult must be able to identify that person.

The penalty for an insult can be a fine of up to €75,000 and 3 years’ imprisonment.

Publication of false news

The offence of publishing false news is provided for in article 27 of the law of 29 July 1881.

The act of publishing, disseminating or reproducing false news is punishable by a fine of 45,000 euros if the action was taken in bad faith and with the aim of disturbing the public peace.

Expressing prohibited opinions

Alongside the importance of freedom of expression in France, the law on freedom of the press ensures that public order and certain minorities are respected.

Certain opinions are therefore prohibited:

• incitement to commit crimes and offences
• apology for crimes and offences
• denial of genocide and crimes against humanity
• racism and anti-Semitism
• homophobia, sexism, handiphobia