Mr Christian Vanneste questions Mr Interior minister, ultramarine and regions with a measure of autonomy on the destructive effects of rumour. The death of a young person in Bagnolet last August had brought things to a head. For his friends, the person concerned was deliberately pushed in the wall by the police. The balance sheet is around thirty cars burnt down, vandalized bus shelters. The rumour which set fire to situation was ill-founded in fact. He would like to know the reaction of the ministry as for these destructive rumours.

Answer of the government:

August 9th, 2009, in the village of Bagnolet (department of Seine-Saint-Denis), an individual died having lost the control of his motorbike, while he fled to avoid a police check. This event created an agitation in the district, some inhabitants and persons coming as witnesses of facts implicated the responsibility of the services of police in accident. Several media relieved the purposes of these individuals. The article 29, 1st indent, of the law of July 29th, 1881 on the freedom of the press defines defamation as any allegation or imputation of a fact that undermines honour and consideration of the person or of the body to which fact is attributed. Imputations or allegations have to constitute a definite pronunciation of facts likely to be, without difficulty, the object of a proof and of an open debate, constituting condition of defamation with regard to the case law of the Supreme court of appeal (Cass crim., February 14th, 2006). According to the case law, constitute an attack in honour any imputation of committee of offence. So, she reminds regularly that it is defamatory to attribute serious acts as homicide, murder or assassination (Cass crim., March 7th, 2000). Moreover, she adds that allusion or allusion indirect modes of defamation (Cass., 2nd civil, January 14th, 1998) are. In kind, the brought back purposes mentioned that the police was responsible for accident and, throughout, for decease of the victim. The made comments therefore seemed to raise the criminal skills of defamation. As he makes it each time he is undermined honour or dignity of the police, Interior minister lodged a complaint for defamation towards the national police force, offence specifically envisaged by the article 30 of the law of 1881. Several procedures were carried out diligently, on complaint of Interior minister, for defamatory purposes towards the national police force. Besides, when the insulting or defamatory purposes aim, above all, at the agents of administrations, these have, in accordance with the 3rd indent of the article 48 of the law of July 29th, 1881, of possibility of lodging complaint on their own initiative, and even, according to the last indent of the article 48 of the same law, of putting public action in movement. The protection of the servants of the State victims of insulting or defamatory purposes seems so properly assured by legal provisions. Interior minister remains vigilant. He will not miss to lodge a complaint or to signal to the judicial authority all facts that appear to him to undermine in honour of the police or of the national police station. Plusieurs proc dures ont t diligent es, sur plainte du ministre de l int rieur, pour des propos diffamatoires envers la police nationale. En outre, lorsque les propos injurieux ou diffamatoires visent, en premier lieu, les agents des administrations, ceux-ci disposent, en application du 3e alin a de l article 48 de la loi du 29 juillet 1881, de la possibilit de d poser plainte de leur propre chef, et m me, aux termes du dernier alin a de l article 48 de cette m me loi, de mettre en mouvement l action publique. La protection des serviteurs de l tat victimes de propos injurieux ou diffamatoires para t ainsi convenablement assur e par les dispositions l gales. Le ministre de l int rieur demeure vigilant. Il ne manquera pas de porter plainte ou de signaler l autorit judiciaire tous les faits qui lui paraissent porter atteinte l honneur de la police ou de la gendarmerie nationale.

Question published to JO: 11/17/2009 page: 10789
Published answer to JO: 2/23/2010 page: On 2112