In France, freedom of expression is protected, but the law sets limits. Several offences specifically target speech made on grounds of origin, membership or non-membership of an ethnic group, a nation, a so-called race or a particular religion.
Three offences under the 1881 law
- Public insult (article 33): an outrageous or contemptuous expression without a precise fact. Punishable by one year in prison and a €45,000 fine when racist or anti-religious.
- Public defamation (article 32): alleging a precise fact that harms someone’s honour. Same penalties.
- Incitement to discrimination, hatred or violence (article 24). Same penalties.
The same protections apply to speech targeting sex, sexual orientation, gender identity or disability.
Online harassment
Moral harassment is punished by article 222-33-2-2 of the French criminal code. When committed through an online service, the penalty rises to two years in prison and a €30,000 fine. Coordinated “raids” are also covered.
A one-year deadline
For racist or religious insults, defamation and incitement, legal action must be brought within one year of publication.Law of 29 July 1881, article 65-3
This article provides general information. It does not replace advice from a lawyer, whom the Collective can help you find.
