“Nous sais quoi, comment dire le FRAIS de notaire” translates as “You have the right to comment, free speech.” In the past decade, France has passed a new legal framework known as the Article 29, which protects citizens from incitement, discrimination and defamation of views. One provision in particular is the no-one-must-be-mentioned rule, which makes it illegal to publicly slander anyone, even if your comments do not include criticism of that person. Commenting on public figures, or other protected categories of speech, is also permitted in certain circumstances. In this article, we take a look at what the law says when it comes to online free speech.
The first question you should ask yourself about whether you are entitled to post a comment on a public post is whether you actually have a right to do so. If you have a legal right to speak out, then you have a right to say anything. However, this is different from a legal right to act. You could be arrested for disorderly conduct for simply having spoken your mind while on duty, for example. It all depends on where you live.
As you can see from the example given above, the answer could differ greatly. There could be a time when you have a legal right to speak out but not a legal right to act. This could happen, for example, when you are required to give an official presentation. This could also happen if you are reporting something that is being said about you in the media. Then again, it might just be a case of common sense. Would you say something bad about your boss without a second thought?
What happens when you receive a complaint under the no-one-must-be-mentioned law? If you post an inquiry or criticism regarding the complaint (e.g., “I am finding it problematic that the organization did not respond to my request for information,”) then the case could be made that you are commenting and thus, could be considered a “complaint”. If you post something like, “I’m really troubled by the way the HR Department handles complaints against employees,” then it’s more than possible that you will meet with some sort of complaint later on. What you post doesn’t necessarily determine whether or not you will face a complaint; however, it does determine what you are legally obligated to do. If you don’t post a complaint, then you could be facing a loss of work. On the other hand, posting a complaint and explaining what happened as soon as possible could help you avoid losing your job.
In addition to your no-one-must-be-mentioned situation, you may also find that you could face a lawsuit – even if you think you aren’t being targeted due to your comment. For example, let’s say you don’t like the car the company’s marketing director gave you as a gift. On your way out the door to work the next day, you notice that a cop car had blocked your way. When you return to work the following day, they have filed a report citing you for creating a safety hazard.
It seems that you’re in for a bit of a scare, didn’t you? So how can you avoid this type of situation? First of all, if you are commenting on Rduire content, you should always read it through – especially before posting. The comments and suggestions are there for a reason – you don’t want to post something that could get you into a lawsuit.
If you are commenting on a blog post, you should definitely read through the entire post before you comment. This way, you can ensure that you’re not making a comment that could later be used in court against you. You could also ask a question about the post in the comment form to see if your comment could be misunderstood – if the author responds, then you know your comment isn’t going to court.
If you’re going to write a blog comment, you should read the post again, before you comment. It’s important to be able to understand the post well enough to not take it personally when you post your response. And if you are unsure if you read a post, perhaps you could just skim it – that way, you’ll know whether or not you should change your mind about something. But most importantly, always be sure to read your comment form before you post.
