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Social sharing! The principle of freedom of expression is a fundamental principle of law. But what about when it comes to the Internet? Can we say everything, and what do we risk? In reality, the penalties can be heavy…
The principle of freedom
Social sharing! Each of us is free to express ourselves on the Internet as we see fit. The limit remains the right of others, respect for privacy and consideration for individuals. Subject to this limit, almost anything can be said on the Internet.
Penal sanctions
The offense of defamation is punishable by a fine of 12,000 euros for a private person and 45,000 euros for a public person (mayor, police officer, etc.). The offense of racial insult can be punished by a fine of up to 22,500 euros and a sentence of 6 months’ imprisonment. Infringement of privacy and image rights is also sanctioned.
Public liability
Civil liability corresponds to everyone’s obligation to repair the damage caused to others. Given the wide distribution of data that the Internet allows, the damage can be unlimited. We are covered by civil liability for many acts of everyday life, but not for the use of social networks. Parents must therefore remain vigilant since they are civilly responsible for the actions of their minor children on the Internet and may have to bear the resulting damages.
Special cases
As an employee, you must respect the confidentiality clause present in your contract by not disclosing confidential information about your employer. In the civil service, the obligation of reserve obliges civil servants to express their opinions in a prudent and measured manner. As for a high school student, if he writes insulting remarks or comments on a blog that undermine his school or the other students in his establishment, he may be subject to disciplinary proceedings. Our law firm intervened in 2021 to defend a student who had been summoned to a disciplinary council and the latter was not sanctioned.
Société d’Avocats DAMY , Nice, Can I say everything on social networks? 2022 Update
