11/01/2023
Firm news, Publication

Nicolas BÉNOIT’s new column

Although it is the most fundamental freedom, freedom of expression is not absolute. Like all other freedoms, its abuse can be sanctioned to the extent that it harms others. Thus, as Article 11 of the 1789 Declaration of the Rights of Man and of the Citizen reminds us, "the free communication of thoughts and opinions is one of the most precious rights of Man: every Citizen may therefore speak, write and print freely, except that, he may be held responsible for the abuse of this freedom in the cases determined by law".
Today, however, this necessary conciliation between the freedom of each individual to make his or her voice heard, and the right of all to defend, it is seriously undermined by the new Article 60-1-2 of the Code of Criminal Procedure. This new article prohibits the judicial and police authorities from requesting, outside of certain strictly defined cases, technical data for the identification of the perpetrators of criminal offences and, in particular, of the main press offences. This text effectively makes it impossible for the victims of these offences to have access to a judge.
To learn more about this legal imbroglio: https://www.legipresse.com/011-51757-lidentification-des-auteurs-de-diffamations-et-injures-a-laune-du-nouvel-article-60-1-2-du-code-de-procedure-penale-chronique-dune-mort-annoncee.html

Read Nicolas BÉNOIT's new column