During the head of Reconquête's trip to Limoges on Wednesday, a CGT activist is accused of making anti-Semitic remarks to Eric Zemmour. What, though, does the law say about this?
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| Éric Zemmour |
On Wednesday, June 21, a CGT official reportedly made anti-Semitic remarks to Eric Zemmour, who declared that he was submitting a complaint. Anti-Semitism, like racism and xenophobia, is a crime.
The Declaration of the Rights of Man and Citizen includes freedom of expression and opinion as essential rights. Articles 10 and 11 of the declaration guarantee them.
However, as with all freedoms, they are subject to strict limitations: "The free communication of thoughts and opinions is one of man's most precious rights: every citizen can therefore speak, write, and print freely, except to respond to abuse of this freedom in cases determined by law," explains article 11.
Anti-Semitism, like racism, is a crime, not an opinion. Sanctions may differ based on the nature of the violation and whether the remarks were made in public or in private.
The crime is public if the words were made in the media, on social media with a public profile, on a poster, in a public meeting, or during a demonstration.
Concerning Frédéric Tronche's statements, in addition to those he is suspected of making verbally, the CGT executive posted publicly on his Facebook page: "Zemmour is on my train... I'm checking to see if the train to Limoges is running well... "I'm afraid it'll go to Poland..." The post has subsequently been removed.
A crime is considered public when the culprit, in this example, the putative author of the anti-Semitic words, obviously meant for others to hear or read it. While the Limoges prosecutor's office opens an investigation and a complaint is filed, justice will most likely be called upon to rule.
However, if the statements were stated in an email conversation or on a private page on social media, the crime is considered private. It remains criminal, but on a lower scale.
Finally, as established by the statute of July 29, 1881 on press freedom, updated in 1972, there are several kinds of offenses that are sanctioned differently.
There is the racial slur, for example. It is described by legislation as an obscene remark, term of scorn, or vitriol "directed at a person or group of people because of their origin or membership or non-membership in an ethnic group, nation, particular race, or religion."
Thus, in private, a racial comment is punishable by a fine of 750 euros. If it is made public, the penalty is six months in jail and a fine of 22,500 euros.
The most usually prosecuted offense in court is incitement to prejudice, hate, or racist violence. If it is made public, it can result in a year in prison and a 45,000-euro fine. If it is not, there will be no prison time and the punishment will be reduced to 1,500 euros.
Other types of offenses include racial defamation and the offense of endorsing or even disputing the existence of one or more crimes against humanity.
In addition to the facts, the criminal law considers the racist or anti-Semitic nature of the words to be an aggravating factor. As a result, penalties might be more harsh.
Source: CNEWS