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Limits of expression Dieudonné M’BALA M’BALA and Ahmed MOUALEK appeared before the Paris Criminal Court on October 19, 2012. The court deliberated on the foundations of “freedom of expression” as these two individuals faced to charges of insult and incitement to racial discrimination for parodying an Annie Cordy song that referenced the ShoAhnanas .
Freedom of expression and its limits: –
While France is renowned for its laws protecting freedom of expression, the court had to appreciate the limits and the nobility of this principle in the light of an unfortunate precedent, the Faurisson case, and the condemnation of the comedian for “incitement to racial or religious discrimination, hatred or violence.
It is important to remember that freedom of expression grants individuals the freedom of opinion and expression to speak or act as they see fit in the news or on stage, on the understanding that they are responsible to the courts in case of defamation or insult. Restrictions on free speech exist to combat defamation, slander, incitement to hatred, and incitement to murder .
Restrictions on freedom of expression and counter-terrorism measures: –
However, censorship and Holocaust denial (which is criminally punishable) are exceptions to this freedom. Article 19 of the Universal Declaration of Human Rights states that “everyone has the right to freedom of opinion and expression, which includes the right to be free from interference for his or her opinions and the right to seek , to receive and impart information and ideas through any media”. and regardless of borders.
Indeed, isn’t freedom of expression one of the most fundamental rights of individuals? It allows individuals to speak, write and publish freely, with liability for abuse determined by law. Certain restrictions, prescribed by law, are deemed necessary to maintain public order and respect the rights and reputations of others.
A particular case to report is that of the apology of terrorism, more severely punished since the implementation of the law of November 2014 relating to the fight against terrorism. The Act introduced specific offenses for speech glorifying terrorism, which had previously been covered by the Press Act 1881. These offenses are now subject to an immediate appearance in court, with reinforced penalties. Moreover, making such comments on the Internet is considered an aggravating factor. The law also introduced the possibility of administrative blocking of jihadist propaganda sites without prior validation by a judge, a measure criticized by defenders of freedom of expression.
