||FULL TEXT JURISPRUDENCE
Cass. Crim. October 16, 2001 Internet defamation
CRIM DECISION . – March 19, 2002 RELEASE No. 01-84592. – Paris CA, June 7, 2001. – M. Bergé
Reference BICC 558
It is up to the judges, seized of a lawsuit for defamation or insult, to identify, according to the circumstances of the case, the person concerned; this assessment is sovereign insofar as it is based on factual elements extrinsic to the statements in question.
KEYWORDS Defamation. – Designation of the person or body concerned. – Sovereign appreciation of the trial judges. – Effect.
CRIM DECISION . – October 16, 2001. CASSATION WITHOUT REFERENCE No. 00-87.320. – Paris CA, November 2, 2000. – M. Ramonet et a.
It is up to the Court of Cassation to exercise its control on the point of knowing whether in the remarks retained in the prevention, the legal elements of public defamation are to be found as defined by articles 29 and 32 of the law. of July 29, 1881.
Thus, do not undermine the honor and the consideration of the remarks which attribute to a political leader to have collaborated with the red kmers within the bodies set up for a national reconciliation in Cambodia.
KEYWORDS Public defamation. – Breach of honor or consideration. – political leader – control of the Court of Cassation.
REVIEWED DECISION Court of Cassation, Criminal Division , September 7, 1999
AUTHOR (S) Mouysset, Olivier
Reference Recueil Dalloz Sirey , n ° 2 , 11/01/2001 , pp. 160-164
KEYWORDS Defamation, prescription of public action, complaint, date of filing, constitution of civil party, payment of the deposit, article 88 of the Code of Criminal Procedure, article 65 of the law of July 29, 1881, act of prosecution, interruption prescription of public action, suspension of prescription, impediment, absolute and insurmountable nature, article 65-2 of the law of July 29, 1881, law of January 4, 1993, presumption of innocence
REVIEWED DECISION Paris Court of Appeal, 11th Chamber A, December 15, 1999, Costes v Prosecutor and others
AUTHOR (S) Schmidt, Philippe A.; Facchina, Virginia
Reference JCP G Semaine Juridique (general edition) , n ° 13 , 29/03/2000 , pp .587-589, Case law II-10281
KEYWORDS IT, criminal law, Internet, offense, starting point of the limitation period of article 65 of the law of July 29, 1881, determination, first act of publication, technical characteristics specific to the Internet, act of continuous publicationREVIEWED DECISION Court of Cassation, Criminal Chamber, March 7, 2000
AUTHOR (S) Dreyer, Emmanuel
Reference JCP G Semaine Juridique (general edition) , n ° 46 , 15/11/2000 , pp. 2078-2081, Case law II 10421
KEYWORDS Press, defamation, nullity of a quotation, article 53 of the law of July 29, 1889, text enacting the penalty incurred, article 385 of the Code of Criminal Procedure, freedom of expression, formalism, relative nature of the nullity of the ‘Article 53
REVIEWED DECISION Cour de cassation, plenary assembly, February 25, 2000, X against A, judgment number 448 P, Juris-Data number 000696
AUTHOR (S) Derieux, Emmanuel
Reference JCP G Semaine Juridique (general edition) , n ° 28 , 12/07/2000 , pp. 1379-1380
KEYWORDS Press, defamation, abuse of the free right of criticism, journalist independence, transparency of justice, access to law, freedom of expression, objectivity
REVIEWED DECISION Court of Cassation, Criminal Chamber, January 30, 2001
Starting point for reflection: prescription on the Internet
AUTHOR (S) Dreyer, Emmanuel
Reference Recueil Dalloz Sirey , n ° 23 , 14/06/2001 , pp. 1833-1836
KEYWORDS Short limitation period, press offense, Internet, press offense, adaptation of the law of July 29, 1881 to modern forms of communication, article 65 paragraph 1 of the law of July 29, 1881, starting point of the three months, proof of publication, presumption of publication, making available, offenses committed on the Internet, legal deposit, defamation, instant offense; continuous infringement, clandestine infringement, updating of a site, reversal of the burden of proof of the starting point of the limitation period
REVIEWED DECISION Tribunal de Grande Instance (TGI) of Paris, 17th Chamber, June 14, 1999
AUTHOR (S) Beignier, Bernard
Reference Recueil Dalloz Sirey , n ° 38 , 28/10/1999 , pp. 566-567
KEYWORDS Press law, immunity from the floor of the lawyer, 8 p.m. trap, 8 p.m., press offense, defamation, judicial immunity
REVIEWED DECISION Court of Cassation, Civil Chamber number 2, January 19, 1998
AUTHOR (S) Tavieaux-Moro, Nicolas
Reference Recueil Dalloz Sirey , n ° 9 , 04/03/1999 , pp. 134-136
Case law p. 127 to 140
KEYWORDS Press offense, defamation, documentary evidence, good faith, controversy, politics, intention to harm, television program, live speech, personal attacks
REVIEWED DECISION Tribunal de Grande Instance (TGI), First Chamber, December 11, 1996, European association Longo May v SA Éditions Albin Michel and others
AUTHOR (S) Lacabarats, Alain
Reference JCP G Semaine Juridique (general edition) , n ° 44 , 29/10/1997 , pp. 477-481, Case law number 22938
KEYWORDS P ress, defamation, elements constituting defamation, defamatory remarks, evidence to the contrary, time limit, article 56 of the law of July 29, 1881, defect, consequences, editions, civil procedure, rules of procedure, press trial, judge of referredREVIEWED DECISION Court of Cassation, Civil Chamber number 2, February 19, 1997, Descaves v Labarre
AUTHOR (S) Pierchon, Michel
Reference JCP G Semaine Juridique (general edition) , n ° 37 , 10/09/1997 , pp. 383-384, Case law number 22900
KEYWORDS Press, defamation, defamation, article 53 of the law July 29, 1881, procedure, conditions of the request, formality, applicable law, summons, mention, details, qualification of the factsREVIEWED DECISION Tribunal de Grande Instance (TGI) of Paris, 17th Correctional Chamber, March 10, 1997, July against Le Pen
AUTHOR (S) Beignier, Bernard
Reference JCP G Legal Week (general edition) , No. 25 , 18/06/1997 , pp.293-293, 22864 Case Number
KEYWORDS Press-defamation, newspapers, right of reply, article 13 of the law of July 29, 1881, scope, design, text, publication
DECISION CIV.2 June 19, 1996 CASSATION N ° 94-20.515.- Paris CA, September 19, 1994.- Company X … c / company Y …
A company having announced in a journal that it publishes that it was giving up the publication of the list of laboratories in France because of the theft and spoliations of which this work was the subject, in particular of a second company which publishes itself a review and the latter company maintaining that the comments published constituted defamation, incurs the cassation the judgment which sets aside article 65 of the law of July 29, 1881 by retaining that the disputed comments aimed at a review concurrent with the exclusion of any personal questioning of those responsible for this publication when the allegations of theft and spoliation undermined the honor and the consideration of the second company to which they were imputed.
KEYWORDS Defamation.- Definition.- Allegation undermining the honor and the consideration of the person concerned – Publishing company of a journal – Company having announced that its work was the subject of theft and spoliations from a competing company.