France's Not-So-Free Speech Laws

Recently, France’s interior minister was fined for comments he made about Muslims at a private meeting. The case is a reminder that in France, everything you say can – and in many cases, most likely will – be used against you in a court of law.

Before traveling to France, it would be prudent to note that everything you say can – and in many cases, most likely will – be used against you in a court of law.

On Friday, June 4th, French Interior Minister Brice Hortefeux was tried by a Paris tribunal correctionnel for “public injuries committed towards an individual because of his race, his religion or his origin, by speech, writing, image or means of communication to the public by electronic voice.”

Hortefeux, previous Minister of Immigration and close friend to Nicolas Sarkozy, had been under fire since September 2009, when he was caught on video at a private meeting commenting, "We always need one [Muslim]. It's when there are lots of them that there are problems."  After the video aired on French news site, Le Monde, Hortefeux was not only asked to resign as Minister of the Interior, he was forced to pay a €750 fine in addition to a €2000 conciliatory payment to French anti-racism group, MRAP: Mouvement Contre le Racisme et pour l’Amitié entre les Peuples (Movement Against Racism and for Friendship Among Peoples).

According to article R 625-4 of the French Penal Code, individuals who insult others based on their race or origin are subject to fines and trial in French court. French sources claim that while freedom of speech exists in France, “the limits are different than in the U.S., as far as insults, defamatory comments, or propagation of hatred are concerned.”

This stipulation does not – in theory or in actuality – apply solely to public figures. French officials claim that “any citizen can be exposed to this, except if the comments were confidential. In public, it becomes un délit (an offense).” Theoretically, article R 625-4 applies to everyone, regardless of whether or not they happen to be in the majority or minority race, religion, or ethnicity.  However, the question still remains: if you’re sitting in a café in Paris and happen to make an offensive comment, is there a chance that you will be brought to court for doing so, and potentially charged?

Yes.

In 2008 alone, there were “350 sentences for racial offenses, including for racial insults,” confirms a French official.  How many more individuals were brought to Court after making an offensive comment that the Court ultimately determined to be unworthy of conviction?

While France may be a society that theoretically values Liberté, Égalité, Fraternité, freedom of speech is evidently not a crucial principle.