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Are you free to criticize your business or is this professional misconduct ? Can we talk freely about politics or religion with our colleagues?
WHAT IS FREEDOM OF EXPRESSION?
Freedom of expression is a major European constitutional principle according to which everyone has the right to write, speak and print freely. However, there are legal restrictions on freedom of expression: no incitement to crime, racial hatred, defamation or insult, in particular.
WHAT HAPPENS WITHIN THE COMPANY?
Within the company, the employee has a right of expression on his working conditions guaranteed by the labor code, and, like any citizen, he benefits from freedom of political and religious expression. However, his comments must not be insulting, defamatory or malicious towards the company. The principle applies all the more strictly the higher the employee is placed in the company hierarchy.
AND OUTSIDE?
The expression of opinion outside the company concerns the employee’s personal life. But there is a principle of employee loyalty which continues even outside the workplace, and which prohibits him from revealing confidential information or excessively denigrating his employer. The development of the Internet has generated abundant case law on this issue.
OFFICIALS: WHAT HAS CHANGED?
The duty of reserve is only included in certain statutes, that of magistrates, soldiers or police officers, for example. But the general principle is that an administrative agent remains neutral. Civil servants therefore have freedom of expression provided that they do not engage their administration. The duty of reserve is all the greater as one occupies high positions in the administration, and it is much stricter for the military, whatever their rank.
It is recommended that you evaluate the appropriateness of sharing personal opinions based on the context and the potential impact on your professional relationships and reputation. Engaging in open and respectful dialogue with colleagues can often lead to constructive discussions, but it is important to be aware of any potential negative impacts on your work situation.
DAM Y law firm , Nice, Freedom of opinion in business, Updated 2022
