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In France, Only Journalists Can Film Violence

BostonBTS sends word that the French Constitutional Council has just made it illegal to film violence unless you are a professional journalist (or to distribute a video containing violence). The law was approved exactly 16 years after amateur videographer George Holliday filmed Los Angeles police officers beating Rodney King. The Council was tidying up a body of law about offenses against the public order, and wanted to ban "happy slapping." A charitable reading would be that the lawmakers stumbled into unintended consequences. Not according to Pascal Cohet, a spokesman for French online civil liberties group Odebi: "The broad drafting of the law so as to criminalize the activities of citizen journalists unrelated to the perpetrators of violent acts is no accident, but rather a deliberate decision by the authorities, said [Cohet]. He is concerned that the law, and others still being debated, will lead to the creation of a parallel judicial system controlling the publication of information on the Internet."

5 of 531 comments (clear)

  1. Re:Similar to good samaritan laws? by Noryungi · · Score: 5, Informative

    The French Constitutional Council has a position similar to the U.S. Supreme Court, except it only rules to decide whether or not a law is constitutional (respects the French Constitution of the Vth Republic, Human Rights, etc).

    Another difference with the U.S. Supreme Court is that it can actually be seized (by Members of Parliament) before a law is voted on by Parliament itself. For instance, if some people introduce a law saying Linux is illegal and should be banned, it is highly possible that the Constitutional Council would be seized by MPs sympathetic to Linux. It is therefore, considered as the guardian of the Constitution and of Human Rights.

    On the other hand, it is sad to note that its evolution has also mimicked the recent evolution of the U.S. Supreme Court: President Jacques Chirac has packed the Constitutional Council with conservative (sometimes ultra-conservatives) judges, people who can be extremely authoritarian (by French standards -- they would be considered as dangerous lefties in the U.S.) and sympathetic to his positions. And these positions probably include a lot of censorship of the Internet.

    So, IMHO, it's not a surprise this stupid law is now passed in France. The ultimate appeal, of course, would be for a French Citizen to bring his/her case to the European Court of Human Rights, which could overturn the Constitutional Council decision as well as any and all court decision on such a matter. But that would probably take years of hard legal work, with all legal fees you can imagine.

    Yes, this is bad news. As a French citizen, I am personally ashamed the Constitutional Council has taken such a position, especially since, as you mentioned, "happy slapping" videos could already be prosecuted under French Law as not helping someone in danger (Good Samaritan Law?), or even as being an accomplice to assault and battery. In France, if you see something, you have to do something!

    In short: stupid, stupid, stupid. And shameful, to boot.

    --
    The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
  2. Re:liberty by ppanon · · Score: 4, Informative

    Letting him interfere with the judicial branch means that he is essentially above the law as he can quash legal challenges as he sees fit. Like, for instance, the illegal spying lawsuit that's been thrown out for "national security" reasons. I don't know why people have started to throw around the word "fascism"...


    Or like the eight US attorneys who were fired because they were getting a little too close to improprieties by Republicans or because they wouldn't speed up an investigation into one alleged Democrat lawmaker's improprieties to meet an election timetable. They were fired under the pretense of poor job performance even though "at least five of [the U.S. attorneys] received positive job evaluations before they were ordered to step down" and one of the fired U.S. attorneys, John McKay, of the Western District of Washington, received a "glowing performance review" from the Justice Department seven months before he was forced out

    Some of their replacements are poorly qualified Republican political flunkies.

    Your other line of defense against fascism was the 4th estate and it's pretty clear in whose pocket the media conglomerates are in now.

    You may not have fascism yet, but the stage is well set.
    --
    Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
  3. Re:yes, please be real... by Daniel+Dvorkin · · Score: 5, Informative

    I would hazard to say less French might have died if they had decided to fight from the beginning and not just after the occupation in a clandestine manner.

    Can we please lay this stupid myth to rest?

    The French did fight, and fought hard; France suffered more battlefield deaths during WW2 than the US did. They surrendered because they were beaten, by an army -- the Wehrmacht -- that was unquestionably the best in the world at that time; quite possibly, allowing for technological changes over time, the best in history. And had London or Moscow or, yes, Washington DC had the misfortune to be as close to Berlin as Paris is, they would have suffered the same fate. There was simply no one in the world who could beat the Germans on the battlefield at that point; it took the surviving Allies years of catch-up, protected by the Channel, the Atlantic, and the simple size of Russia, to match them.

    No one ever accuses the Poles and the Czechs of cowardice for falling to the Blitzkrieg, or the British for Dunkirk, or the Russians for being driven back across a piece of their country far larger than France in its entirety, or the Americans for waiting two years while Hitler ran wild. And anyone who believes that cowardice is part of the French national character should go count the graves at Verdun.

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  4. Re:It's a serious problem. by ggireesh · · Score: 4, Informative

    The vast majority of them are the children of immigrants and refugees who moved to Europe from countres in Africa, Central Asia, India and the Middle East Where did you get this stat from ? Majority of "happy slappers" are English youths - most of them school or college students. And many at times, the so called immigrants are the victims. The inspiration for all these ? American media - be it in the form of Jackass and Dirty Sanchez....
  5. Re:yes, please be real... by mcvos · · Score: 4, Informative

    You're essentially asking us to believe that the British (and Canadians) could have liberated Europe without the U.S., but that the U.S. could not have done so alone. Without U.S. involvement, the invasion of Europe would not have happened. Could the U.S. have done it alone? Almost certainly.

    Actually, most of the work to liberate Europe was done by Russia. The entire western front pales in comparison to the scale and the number of casualties on the eastern front. For several years, Russia bore nearly the entire brunt of the German attack. It's the eastern front that exhausted the German war machine. Could the US have accomplished anything without Russia being there? I sincerely doubt it. Could Russia have done it without the US? Very probably (although lend-lease certainly helped).

    But back to the comparison of the US and the UK. Could the US have staged an invasion like Normandy without England as a jumping-off point? I have my doubts.

    Part of the reason why the US joined in the war was not just to defeat Germany, but to make sure it was defeated by the West. Without them, a much larger part of Europe would have come under Russian influence, and Russia would have emerged as the ruling world power instead of the US. And I'm really grateful for that. Without the US, my country probably wouldn't have been liberated by Canadians, but by Russians. Just don't think WW2 was simply the US versus Germany. The war was much more complicated than that.