Court of Cassation, Criminal Chamber
7 December 2010
Facts
During a public demonstration in support of migrants and undocumented foreigners, two persons distributed leaflets that were very critical of the French immigration policy and its implementation by police officers. One of the leaflets stated that the brutal methods of the border police (arrests, searches) are aimed primarily at black people and Arabs and that police officers are often familiar with racist ideas. The Home Secretary filed a complaint against the demonstrators for defamation and public insults against the police. The court of appeal ruled that the statements were defamatory but gave the applicants the benefit of good faith. The public prosecutor and the demonstrators appealed against this decision.
Court’s ruling
The Court of Cassation explained that in order to constitute defamation, the alleged statement must be in the form of a precise articulation of facts that can, without difficulty, be the subject of proof and debate. The Court found that the remarks in question constituted the expression of an insulting opinion and not a defamation. The Court therefore quashed the ruling of the Court of appeal.