(RSF/IFEX) – RSF has expressed its concern over a proposed new law that would make defamation on the grounds of sexual orientation and “incitement to sexual discrimination” punishable by up to one year in prison and a 45,000 euro (approx. US$54,400) fine. The “Bill to Combat Sexist and Homophobic Speech” was announced on 8 June […]
(RSF/IFEX) – RSF has expressed its concern over a proposed new law that would make defamation on the grounds of sexual orientation and “incitement to sexual discrimination” punishable by up to one year in prison and a 45,000 euro (approx. US$54,400) fine. The “Bill to Combat Sexist and Homophobic Speech” was announced on 8 June 2004 by Prime Minister Jean-Pierre Raffarin.
RSF called the measure “a serious step backwards,” saying the proposed text revisits rights already established by the “Guigou Law” of 2000, which eliminated prison sentences for press infractions.
“While seeking to protect certain sectors of the population, the law imposes restrictions that effectively contradict the admirable intentions of its legislators,” said RSF. “The definition of provocation and discrimination, in particular, is vague and could lead to abusive lawsuits,” the organisation added.
RSF also expressed fear that a “new inequality” could be created in the name of equal rights.
“There are sufficient laws on the books to deal with defamation and insults. We are concerned about the government’s repeated amendments to the 1881 Press Law, which effectively erode press freedom. These repeated attacks contravene European Court of Human Rights rulings, in particular, which expressly state that freedom of expression must be extended even to ‘unpopular opinions’,” the organisation said.
Finally, RSF condemned the extended statute of limitations – from three months to one year – proposed by the text for filing defamation complaints.
“Already, racism and incitement to hatred are subject to an extended statute of limitations, and we fear that the three-month limit, one of the bedrocks of press freedom in France, will gradually disappear. These special exceptions are part of an insidious attack on freedom of expression,” the organisation said.
Prime Minister Raffarin’s bill would amend the 1881 Press Law to add new offences to existing ones dealing with ethnic groups, nationality, race and religion. The bill is scheduled to be presented in cabinet later this month and before Parliament by the end of the year.
