Cour de cassation - 16.03.2004
Case- Case number
- 03-82-828
- Country
- France
- Case Description
Racial defamation (Diffamation racial) – The Cour de cassation confirmed the decision by the Court of Appeal to acquit a woman, that had made, during a radio broadcast on France-Culture, comments perceived as defamatory against the Jewish community – The contested statements included assertions that implied a significant influence of Jewish communities, particularly in America, on political decisions and policy formulations, which she described in a negative light. She used terms like "racism of the Jews in France" and criticized what she referred to as the "Jewish lobby" in America, suggesting it was detrimental to both Israelis and global peace – The Court of Appeal found that her comments, although sharp and emotionally charged, were part of a broader political debate rather than assertions of fact. They concluded that the statements were expressions of personal opinion within the context of an ongoing political struggle – The Cour de Cassation confirmed the decision of the Court of Appeal, agreeing that the statements did not constitute racial defamation as they did not meet the threshold of specificity required to qualify as defamatory under French law.
Art. 23, 29, 32 al. 2 et 3 Loi du 29 juillet 1881 sur la liberté de la presse
- Name of Court
- Cour de Cassation
- Date of decision
- Mar 16, 2004
- Subjects
- Discrimination
- Hate Speech and Incitement
- Israel-related Incidents
- Type of Court
- Supreme Court
- Area of Law
- Criminal Law
- Year
- 2004
- Generated ID
- ZEU8833-8838
- Geolocation
Latitude: 48.8551330566406
Longitude: 2.345714807510376
- Geolocation
- Source
- Légifrance
- Not present
- Link
- legifrance