Eric Ciotti's bill No. 2992
On 26 May 2020, bill No. 2992 was registered with the Presidency of the National Assembly; it aims to "make law-enforcement personnel unidentifiable when images are disseminated in the media space."
In the midst of the COVID-19 health crisis in France, just under thirty French MPs tabled a bill concerning the dissemination of images of law-enforcement personnel in France. It concerns "officials of the national police, military personnel, municipal police officers, and customs officers."
The aim of the 29 signatories — MPs Éric CIOTTI, Gérard CHERPION, Geneviève LEVY, Valérie BAZIN‑MALGRAS, Bernard REYNÈS, Bérengère POLETTI, Jean‑Louis MASSON, Josiane CORNELOUP, Marc LE FUR, Ian BOUCARD, Annie GENEVARD, Jean‑Claude BOUCHET, Valérie BOYER, Emmanuelle ANTHOINE, Gérard MENUEL, Raphaël SCHELLENBERGER, Olivier DASSAULT, Olivier MARLEIX, Bernard PERRUT, Michèle TABAROT, Pierre‑Henri DUMONT, Michel VIALAY, Thibault BAZIN, Patrick HETZEL, Jean‑Marie SERMIER, Gilles LURTON, Didier QUENTIN, Jean‑Pierre DOOR, Julien AUBERT — is to "systematically make law-enforcement personnel unidentifiable throughout the media space, including on social networks."
So far, nothing really alarming, in fact; many members of elite units such as the GIGN or the BRI hide their faces behind balaclavas that make them unidentifiable in photos or videos.
But the problem appears when you read the details of the bill's only article. It states, in the first two paragraphs:
Paragraph 3 of Chapter IV of the law of 29 July 1881 on the freedom of the press is supplemented by an Article 35 quinquies worded as follows:
"Art. 35 quinquies. – The dissemination, by any means whatsoever and on any medium, of the image of officials of the national police, military personnel, municipal police officers, or customs officers is punishable by a €15,000 fine and one year's imprisonment.
Bill No. 2992
The famous paragraph 3 of Chapter IV of the law of 29 July 1881 on the freedom of the press states:
Any allegation or imputation of a fact that affects the honour or consideration of the person or body to whom the fact is imputed is defamation. Direct or reproduced publication of this allegation or imputation is punishable, even if made in dubitative form or if it targets a person or body not expressly named, but whose identification is made possible by the terms of the speech, shouts, threats, writings or prints, placards or posters in question. Any outrageous expression, words of contempt or invective that does not contain the imputation of any fact is an insult.
Law of 29 July 1881 on freedom of the press
This article already punishes defamation, including against law-enforcement officials. The current bill does not strengthen law-enforcement safety; it attempts to muzzle the press and social networks on the actions of law-enforcement officials.
The term "image of officials" is ambiguous. The words "image" and "face" are not synonymous — an image encompasses many other elements beyond just the face or head.
The prominence of #MoiAussiJaiPeurDevantLaPolice or the death of George Floyd during his arrest in the United States are indicators of a certain malaise — one that is not answered with a bill that curtails freedoms, especially for the press; unless you want to see that on the cover of your magazines: