Censorship in France
Encyclopedia
France has a long history of governmental censorship, particularly in the 16th to 18th centuries, but today freedom of press is guaranteed by the French Constitution and instances of governmental censorship are relatively limited and isolated.
There was a strong governmental control over radio and television in the 1950-70s. Today, the CSA
is only charged of surveillance of the respect of French law in the media, in particular concerning the 1990 Gayssot Act which prohibits racist or/and religious hate speech
(under which negationism, in particular but not only Holocaust denial
falls under), and time period allocated to each political party
during pre-electoral periods. Furthermore, other laws prohibit homophobic hate speech, and a 1970 law prohibits the advocacy of illegal drugs.
Each of these laws have been criticized by some groups, either from the left (especially concerning the 1970 law on drugs) or from the far right
(in particular concerning the 1990 Gayssot Act or the laws prohibiting homophobic attacks). Others express the need for minorities to be protected from hate speech which may lead, according to them, to heinous acts and hate crimes, while still others claim that one can not tolerate free speech concerning drugs as it is a matter of public health
and moral order
. However, the 2005 vote of the law on colonialism
voted by the UMP
conservative parliamentary majority has lifted a debate, especially among historians, concerning the legitimacy and relevancy of such "memory laws." Although a fair amount of historians is opposed to such laws, few advocate their repeal insofar as they estimate that once they have been voted, repealing them would be a greater evil.
Finally, critics, in particular, but not only, from the left-wing, have criticized economic censorship, in particular through concentration of media ownership
(Bouygues
' influence, for instance, on TF1
), or the fact that Dassault or Lagardère
, both military firms, control several newspapers in France, such as Le Figaro
(owned by Dassault).
Over all, freedom of press is guaranteed by the French Constitution, several effective cases of censorship, against newspapers (Le Canard enchaîné
, Charlie Hebdo
and Hara-Kiri newspapers, etc.), films, or radio-shows, have been registered in the history of the Fifth Republic
, founded in 1958. Most recently, several events ordered by Nicolas Sarkozy
, then-Interior Minister and current President of the Republic
, have been criticized as forms of censorship (i.e. the firing of the director of Paris Match
— controlled by Hachette Filipacchi Médias
, the world's largest magazine publisher, itself owned by Lagardère — because he had published photos of Cécilia Sarkozy
with another man in New York).
. In 1275 Philip III of France
put Parisian scriptoria under the control of the University of Paris
which inspected manuscript books to verify that they were correctly copied. Correctness of text, not content, was the concern until the early 16th century, when tracts by Martin Luther
were printed. On June 13, 1521, Francis I of France
decreed that all (religious) books had to be read and approved by the Faculty of Theology of the University, and on August 3, 1521, Parlement ordered that all Lutheran books must be deposited within one week. In 1526, the Parlement of Paris and the Sorbonne issued a ban on the publishing of the Bible in French. On January 13, 1535, an extreme statute was enacted forbidding all printing under threat of hanging and closing all bookshops. This law was quickly abandoned, and Parlement formed a commission to review book printing.
In 1536 it was ordered that all medical books must be approved by the Medical Faculty of the University, and actions were taken against certain publishers of books on medicine and astrology. In 1544, the University banned the printing of any book not approved by the appropriate University officials. In 1543, the Faculty of Theology issued its first Index of prohibited books, all religious, preceding by 16 years the Vatican's issuance of the Index Librorum Prohibitorum
in 1559. The Edict of Châteaubriant
issued on June 27, 1551, prohibited possessing any books listed on the University's Index; translating the Bible or works of the Church Fathers; importing books from Geneva and other places not under the Church's control; or printing or selling of any religious books written in the last 40 years.
The state itself began to take a greater role in censorship over the University and in 1566, the Ordonnance of Moulins was issued, banning the writing, printing or selling of defamatory books attacking individual's good reputations and requiring that all books published must be approved and include the privilege and the great seal. The state control was strengthened in 1571 by the edict of Gaillon which placed enforcement of the censorship laws in the Chancellor's office instead of the University.
The concern of the censors was "heresy, sedition and personal libel" until 1629, when censorship began to focus also on immorality and indecency. "Nevertheless ... the government was never so much concerned about looseness of morals as it was about freedom of thought." Manuscripts had to be approved by the Chancellor before publication and a register of permits was maintained. During the 17th century, the University and the state fought over control of censorship, which was haphazard. In 1653, the University was stripped of authority and replaced by royal censors. The royal censors office expanded in the 18th century and banned hundreds of titles. Books that were approved were required to include the censor's name and certificate of approval. Censorship was eventually under the authority of the office of the Director of the Book Trade, the most famous of which was Lamoignon de Malesherbes
. Penalties for violations ranged from confiscation of books which often were burned, fines, imprisonment and even death. In the later 18th century these rules were increasingly evaded by printers and booksellers.
of 29 July 1881 was passed under the French Third Republic
in 1881 by the then-dominant Opportunist Republicans
who sought to liberalise the press and promote free public discussion. The new law swept away a swathe of earlier statutes, stating at the outset the principle that "Printing and publication are free".
Following Auguste Vaillant
's assassination attempt, the first anti-terrorist laws was voted in 1893, which were quickly denounced as lois scélérates
. These laws severely restricted freedom of expression. The first one condemned apology of any felony or crime as a felony itself, permitting widespread censorship of the press. The second one allowed to condemn any person directly or indirectly involved in a propaganda of the deed act, even if no killing was effectively carried on. The last one condemned any person or newspaper using anarchist propaganda
(and, by extension, socialist libertarians present or former members of the International Workingmen's Association (IWA):
was in force, as the French state
thought it necessary to control the public's morale and thus engaged in a sort of psychological warfare
. Censorship was current during the war, leading to the 1915 creation of Le Canard enchaîné
weekly, which used satires and other games of words to pass through "Anastasia
's scissors", as was popularly called the censors (such words games still exist in Le Canard, for leisure purposes, such as the section named "Sur l'album de la Ccomtesse").
Censorship laws were revoked with the founding of the Fifth Republic in 1958, although cases of censorship still occurred (in particular concerning films or satirical newspapers). The proclamation of the state of emergency
, used during the Algerian War (1954–62) and also in 2005, during the civil unrest
, allows the state to legally censor news articles and other media productions (used during the Algerian War, this censorship disposition was not used in 2005).
Henri Alleg
's book La Question
denouncing torture by the French Army during the Algerian war was censored, as well as other similar books and films, such as The Battle of Algiers
.
Recently, UMP
deputy Nadine Morano
interpellated Interior Minister (UMP) Nicolas Sarkozy
to censor hip-hop bands, while 200 UMP deputies, led by François Grosdidier
, tried without success to censor hip-hop bands. The whole thing started with a song called La France
by French hip-hop band Sniper
.
In 1987 a law repressing incitation to suicide was passed, after a best-selling book called "Suicide, mode d'emploi" was published in 1982. The bill was first adopted by the Senate
in 1983; in 1987, during the debates before the National Assembly
, the book was cited by name as a prime example of what was to be banned. This book, written by two anarchists (Claude Guillon and Yves Le Bonniec), contained a historic and theoretical account of suicide, as well as a critical overview of ways to commit suicide. The book could not be rereleased in 1989 because of that law. The book is thus censored de facto, unavailable in all libraries and bookshops in France. It has never been translated into English.
enacted in 1994 has the cultural goal of "reaffirming the position of the French language". It requires "the compulsory use of the French language in all [public] written, ...radio and television advertising..." As a direct consequence, advertising industry workers in France have expressed "frustration with regards to what many of them perceive as linguistic censorship." Computer software developed outside France has to have its user interface and instruction manuals translated into French to be legally used by companies in France, due to the provision of the Toubon law applying to all workplaces that "any document that contains obligations for the employee or provisions whose knowledge is necessary for the performance of one's work must be written in French." Also under this law, French language is required in all audiovisual programs, with exceptions for musical works and 'original version' films. Under a related law for television, a minimum of 60 per cent of the movies and TV series must be produced in European countries and 40 per cent in Francophone countries, and these minimums must be met during evening prime-time as well as daily overall time. The latter law is not linguistic censorship because it applies to television programs that are dubbed into French; rather it is a restriction of foreign-produced cultural content. In another law that involves censorship of both linguistic and foreign-produced content, songs in the French language on radio are protected by a minimum quota system.
In addition, most of the press depends on advertisement to generate revenue; the question of independence from advertisers is a constant and contentious one, with repeat assertions that undesirable investigations were descheduled from TV broadcasts.
However, there are outstanding examples of freedom and independence of the press, including the Canard enchaîné
, a newspaper that is known for its scoops and its brazen publication thereof, even against the will of the government. The Canard does not accept advertising in order to remain truly independent.
's 1832 play Le roi s'amuse
was banned after one performance. Though it depicts the escapades of Francis I of France
, censors of the time believed that it also contained insulting references to King Louis-Philippe. Hugo brought a suit to permit the performance of the play, which he lost but it propelled him into celebrity as a defender of freedom of speech.
Cinemas are bound by law to prevent underaged audiences from viewing films and may be fined if they fail to do so.
The Commission cannot make cuts to a film, but it can ban it, although this latter power is rarely used. In practice, this means that most films in France are categorized rather than censored.
Although there are no written guidelines as to what sort of content should receive which rating and ratings are given on a case by case basis, the commissioners typically cite violent, sexual and drug related content (especially if it is deemed to be graphic or gratuitous) as reasons for higher ratings. By contrast little attention is paid to strong language. However sexual content is much less likely to produce a high rating than in many other countries, including the United States.
Films that have received comparatively low ratings in France compared to the U.S. include:
(CSA) is charged to regulate televisions, both public and private. It surveys the respect of national legislation, as well as the respect of time allocated to each political party
in the media during electoral periods.
.
The implementing freedom of information legislation
is the Loi n°78-753 du 17 juillet 1978 portant diverses mesures d'amélioration des relations entre l'administration et le public et diverses dispositions d'ordre administratif, social et fiscal (Act No. 78-753 of 17 July 1978. On various measures for improved relations between the Civil Service and the public and on various arrangements of administrative, social and fiscal nature). It sets as a general rule that citizens can demand a copy of any administrative document (in paper, digitized or other form). The commission on access to administrative documents (Commission d'Accès aux Documents Administratifs, CADA), an independent administrative authority, may help in the process. Regulations specify maximal fees of reproduction. Only final versions, not work documents, may be requested. There exist a number of exemptions:
Certain exempted documents may still be available according to other statutes. For instance, some tax-related information about any taxpayer are available to any other taxpayer from the same tax district.
CADA does not have the power to order administrations to surrender documents, though it may strongly incite them to do so. However, citizens can challenge the refusal of the administration before the administrative court
s (i.e. court
s hearing recourses against the executive). Unfortunately, these courts are overbooked, and citizens must often wait several years to have their rights examined in a fair trial. France has been declared guilty of excessive delays (more than 10 years) many times by the European Court of Human Rights.
There was a strong governmental control over radio and television in the 1950-70s. Today, the CSA
Conseil supérieur de l'audiovisuel
The Conseil supérieur de l'audiovisuel is a French institution, created in 1989, whose role is to regulate the various electronic media in France, such as radio and television, including through eventual censorship...
is only charged of surveillance of the respect of French law in the media, in particular concerning the 1990 Gayssot Act which prohibits racist or/and religious hate speech
Hate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
(under which negationism, in particular but not only Holocaust denial
Holocaust denial
Holocaust denial is the act of denying the genocide of Jews in World War II, usually referred to as the Holocaust. The key claims of Holocaust denial are: the German Nazi government had no official policy or intention of exterminating Jews, Nazi authorities did not use extermination camps and gas...
falls under), and time period allocated to each political party
Politics of France
France is a semi-presidential representative democratic republic, in which the President of France is head of state and the Prime Minister of France is the head of government, and there is a pluriform, multi-party system. Executive power is exercised by the government. Legislative power is...
during pre-electoral periods. Furthermore, other laws prohibit homophobic hate speech, and a 1970 law prohibits the advocacy of illegal drugs.
Each of these laws have been criticized by some groups, either from the left (especially concerning the 1970 law on drugs) or from the far right
Far right
Far-right, extreme right, hard right, radical right, and ultra-right are terms used to discuss the qualitative or quantitative position a group or person occupies within right-wing politics. Far-right politics may involve anti-immigration and anti-integration stances towards groups that are...
(in particular concerning the 1990 Gayssot Act or the laws prohibiting homophobic attacks). Others express the need for minorities to be protected from hate speech which may lead, according to them, to heinous acts and hate crimes, while still others claim that one can not tolerate free speech concerning drugs as it is a matter of public health
Public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...
and moral order
Moral order
Moral order may refer to :*Moral order is the name given to the conservative and monarchic French government of Patrice de Mac-Mahon in the late 19th century....
. However, the 2005 vote of the law on colonialism
French law on colonialism
The February 23, 2005, French law on colonialism was an act passed by the Union for a Popular Movement conservative majority, which imposed on high-school teachers to teach the "positive values" of colonialism to their students...
voted by the UMP
Union for a Popular Movement
The Union for a Popular Movement is a centre-right political party in France, and one of the two major contemporary political parties in the country along with the center-left Socialist Party...
conservative parliamentary majority has lifted a debate, especially among historians, concerning the legitimacy and relevancy of such "memory laws." Although a fair amount of historians is opposed to such laws, few advocate their repeal insofar as they estimate that once they have been voted, repealing them would be a greater evil.
Finally, critics, in particular, but not only, from the left-wing, have criticized economic censorship, in particular through concentration of media ownership
Concentration of media ownership
Concentration of media ownership refers to a process whereby progressively fewer individuals or organizations control increasing shares of the mass media...
(Bouygues
Bouygues
Bouygues S.A. is a French industrial group headquartered in the 8th arrondissement of Paris, France. Bouygues is listed on Euronext Paris exchange and is a blue chip in the CAC 40 stock market index. The company was founded in 1952 by Francis Bouygues and since 1989 has been led by his son Martin...
' influence, for instance, on TF1
TF1
TF1 is a national French TV channel, controlled by TF1 Group, whose major share-holder is Bouygues. TF1's average market share of 24% makes it the most popular domestic network...
), or the fact that Dassault or Lagardère
Lagardère
Lagardère may refer to:* Lagardère Group* Jean-Luc Lagardère* Arnaud Lagardère* Lagardère, a commune of the Gers département, in France...
, both military firms, control several newspapers in France, such as Le Figaro
Le Figaro
Le Figaro is a French daily newspaper founded in 1826 and published in Paris. It is one of three French newspapers of record, with Le Monde and Libération, and is the oldest newspaper in France. It is also the second-largest national newspaper in France after Le Parisien and before Le Monde, but...
(owned by Dassault).
Over all, freedom of press is guaranteed by the French Constitution, several effective cases of censorship, against newspapers (Le Canard enchaîné
Le Canard enchaîné
Le Canard enchaîné is a satirical newspaper published weekly in France. Founded in 1915, it features investigative journalism and leaks from sources inside the French government, the French political world and the French business world, as well as many jokes and humorous cartoons.-Early...
, Charlie Hebdo
Charlie Hebdo
Charlie Hebdo is a French satirical weekly newspaper, featuring cartoons, reports, polemics and jokes. It appeared from 1969 to 1981, when it folded, and was resurrected in 1992. The current editor is cartoonist Charb. His predecessors are François Cavanna and Philippe Val...
and Hara-Kiri newspapers, etc.), films, or radio-shows, have been registered in the history of the Fifth Republic
French Fifth Republic
The Fifth Republic is the fifth and current republican constitution of France, introduced on 4 October 1958. The Fifth Republic emerged from the collapse of the French Fourth Republic, replacing the prior parliamentary government with a semi-presidential system...
, founded in 1958. Most recently, several events ordered by Nicolas Sarkozy
Nicolas Sarkozy
Nicolas Sarkozy is the 23rd and current President of the French Republic and ex officio Co-Prince of Andorra. He assumed the office on 16 May 2007 after defeating the Socialist Party candidate Ségolène Royal 10 days earlier....
, then-Interior Minister and current President of the Republic
President of the French Republic
The President of the French Republic colloquially referred to in English as the President of France, is France's elected Head of State....
, have been criticized as forms of censorship (i.e. the firing of the director of Paris Match
Paris Match
Paris Match is a French weekly magazine. It covers major national and international news along with celebrity lifestyle features. It was founded in 1949 by the industrialist Jean Prouvost....
— controlled by Hachette Filipacchi Médias
Hachette Filipacchi Médias
Hachette Filipacchi Médias, S.A. is a magazine publisher. It is a wholly owned subsidiary of Lagardère Media of France.- History :Hachette Filipacchi was founded by Louis Hachette in 1826 when he purchased the Librarie Brédif. Hachette was purchased by Matra in 1980, a firm associated with Ténot &...
, the world's largest magazine publisher, itself owned by Lagardère — because he had published photos of Cécilia Sarkozy
Cécilia Ciganer-Albéniz
Cécilia María Sara Isabel Attias was the second wife of French president Nicolas Sarkozy until October 2007....
with another man in New York).
To the 18th century
Censorship in France may be traced to the middle agesMiddle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
. In 1275 Philip III of France
Philip III of France
Philip III , called the Bold , was the King of France, succeeding his father, Louis IX, and reigning from 1270 to 1285. He was a member of the House of Capet.-Biography:...
put Parisian scriptoria under the control of the University of Paris
University of Paris
The University of Paris was a university located in Paris, France and one of the earliest to be established in Europe. It was founded in the mid 12th century, and officially recognized as a university probably between 1160 and 1250...
which inspected manuscript books to verify that they were correctly copied. Correctness of text, not content, was the concern until the early 16th century, when tracts by Martin Luther
Martin Luther
Martin Luther was a German priest, professor of theology and iconic figure of the Protestant Reformation. He strongly disputed the claim that freedom from God's punishment for sin could be purchased with money. He confronted indulgence salesman Johann Tetzel with his Ninety-Five Theses in 1517...
were printed. On June 13, 1521, Francis I of France
Francis I of France
Francis I was King of France from 1515 until his death. During his reign, huge cultural changes took place in France and he has been called France's original Renaissance monarch...
decreed that all (religious) books had to be read and approved by the Faculty of Theology of the University, and on August 3, 1521, Parlement ordered that all Lutheran books must be deposited within one week. In 1526, the Parlement of Paris and the Sorbonne issued a ban on the publishing of the Bible in French. On January 13, 1535, an extreme statute was enacted forbidding all printing under threat of hanging and closing all bookshops. This law was quickly abandoned, and Parlement formed a commission to review book printing.
In 1536 it was ordered that all medical books must be approved by the Medical Faculty of the University, and actions were taken against certain publishers of books on medicine and astrology. In 1544, the University banned the printing of any book not approved by the appropriate University officials. In 1543, the Faculty of Theology issued its first Index of prohibited books, all religious, preceding by 16 years the Vatican's issuance of the Index Librorum Prohibitorum
Index Librorum Prohibitorum
The Index Librorum Prohibitorum was a list of publications prohibited by the Catholic Church. A first version was promulgated by Pope Paul IV in 1559, and a revised and somewhat relaxed form was authorized at the Council of Trent...
in 1559. The Edict of Châteaubriant
Edict of Châteaubriant
The Edict of Châteaubriant, issued from the seat of Anne, duc de Montmorency in Brittany, was promulgated by Henri II of France, 27 June 1551. The Edict was one of an increasingly severe series of measures taken by Henry II against Protestants, whom he regarded as heretics...
issued on June 27, 1551, prohibited possessing any books listed on the University's Index; translating the Bible or works of the Church Fathers; importing books from Geneva and other places not under the Church's control; or printing or selling of any religious books written in the last 40 years.
The state itself began to take a greater role in censorship over the University and in 1566, the Ordonnance of Moulins was issued, banning the writing, printing or selling of defamatory books attacking individual's good reputations and requiring that all books published must be approved and include the privilege and the great seal. The state control was strengthened in 1571 by the edict of Gaillon which placed enforcement of the censorship laws in the Chancellor's office instead of the University.
The concern of the censors was "heresy, sedition and personal libel" until 1629, when censorship began to focus also on immorality and indecency. "Nevertheless ... the government was never so much concerned about looseness of morals as it was about freedom of thought." Manuscripts had to be approved by the Chancellor before publication and a register of permits was maintained. During the 17th century, the University and the state fought over control of censorship, which was haphazard. In 1653, the University was stripped of authority and replaced by royal censors. The royal censors office expanded in the 18th century and banned hundreds of titles. Books that were approved were required to include the censor's name and certificate of approval. Censorship was eventually under the authority of the office of the Director of the Book Trade, the most famous of which was Lamoignon de Malesherbes
Guillaume-Chrétien de Lamoignon de Malesherbes
Guillaume-Chrétien de Lamoignon de Malesherbes , often referred to as Malesherbes or Lamoignon-Malesherbes, was a French statesman, minister, and afterwards counsel for the defence of Louis XVI.-Biography:...
. Penalties for violations ranged from confiscation of books which often were burned, fines, imprisonment and even death. In the later 18th century these rules were increasingly evaded by printers and booksellers.
The nineteenth century
The loi sur la liberté de la presseLaw on the Freedom of the Press of 29 July 1881
The Law on the Freedom of the Press of 29 July 1881 , often called the Press Law of 1881, is a law that defines the freedoms and responsibilities of the media and publishers in France. It provides a legal framework for publications and regulates the display of advertisements on public roads...
of 29 July 1881 was passed under the French Third Republic
French Third Republic
The French Third Republic was the republican government of France from 1870, when the Second French Empire collapsed due to the French defeat in the Franco-Prussian War, to 1940, when France was overrun by Nazi Germany during World War II, resulting in the German and Italian occupations of France...
in 1881 by the then-dominant Opportunist Republicans
Opportunist Republicans
The Opportunist Republicans , also known as the Moderates , were a faction of French Republicans who believed, after the proclamation of the Third Republic in 1870, that the regime could only be consolidated by successive phases...
who sought to liberalise the press and promote free public discussion. The new law swept away a swathe of earlier statutes, stating at the outset the principle that "Printing and publication are free".
Following Auguste Vaillant
Auguste Vaillant
Auguste Vaillant was a French anarchist, most famous for his bomb attack on the French Chamber of Deputies on 9 December 1893. The government's reaction to this attack was the passing of the infamous repressive Lois scélérates.He threw the home-made device from the public gallery and was...
's assassination attempt, the first anti-terrorist laws was voted in 1893, which were quickly denounced as lois scélérates
Lois scélérates
The lois scélérates — a pejorative name — are a set of French laws restricting the 1881 freedom of the press laws passed under the Third Republic , after several bombings and assassination attempts carried out by anarchist proponents of "propaganda of the deed".The first law was passed on December...
. These laws severely restricted freedom of expression. The first one condemned apology of any felony or crime as a felony itself, permitting widespread censorship of the press. The second one allowed to condemn any person directly or indirectly involved in a propaganda of the deed act, even if no killing was effectively carried on. The last one condemned any person or newspaper using anarchist propaganda
Propaganda
Propaganda is a form of communication that is aimed at influencing the attitude of a community toward some cause or position so as to benefit oneself or one's group....
(and, by extension, socialist libertarians present or former members of the International Workingmen's Association (IWA):
"1. Either by provocation or by apology... [anyone who has] encouraged one or several persons in committing either a stealing, or the crimes of murder, looting or arson...; 2. Or has addressed a provocation to military from the Army or the Navy, in the aim of diverting them from their military duties and the obedience due to their chiefs... will be deferred before courts and punished by a prison sentence of three months to two years.
The twentieth century
During World War I, postal censorshipPostal censorship
Postal censorship is the inspection or examination of mail, most often by governments. It can include opening, reading and total or selective obliteration of letters and their contents, as well as covers, postcards, parcels and other postal packets. Postal censorship takes place primarily but not...
was in force, as the French state
French state
The French state may refer to:*The Republic of France *Vichy France, 'French state' was the official name of the regime first directed by Philippe Pétain, explicitly opposed to the French Republic...
thought it necessary to control the public's morale and thus engaged in a sort of psychological warfare
Psychological warfare
Psychological warfare , or the basic aspects of modern psychological operations , have been known by many other names or terms, including Psy Ops, Political Warfare, “Hearts and Minds,” and Propaganda...
. Censorship was current during the war, leading to the 1915 creation of Le Canard enchaîné
Le Canard enchaîné
Le Canard enchaîné is a satirical newspaper published weekly in France. Founded in 1915, it features investigative journalism and leaks from sources inside the French government, the French political world and the French business world, as well as many jokes and humorous cartoons.-Early...
weekly, which used satires and other games of words to pass through "Anastasia
Anastasia
Anastasia is a personal name and the female form of the Greek male name Anastasius/Anastasios meaning "resurrection." The name, and its male counterpart, were often given to Greek children born around December 2 or around Easter during the early days of Christianity. It is the name of several...
's scissors", as was popularly called the censors (such words games still exist in Le Canard, for leisure purposes, such as the section named "Sur l'album de la Ccomtesse").
Censorship laws were revoked with the founding of the Fifth Republic in 1958, although cases of censorship still occurred (in particular concerning films or satirical newspapers). The proclamation of the state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
, used during the Algerian War (1954–62) and also in 2005, during the civil unrest
2005 civil unrest in France
The 2005 civil unrest in France of October and November was a series of riots by mostly Muslim North African youths in Paris and other French cities, involving mainly the burning of cars and public buildings at night starting on 27 October 2005 in Clichy-sous-Bois...
, allows the state to legally censor news articles and other media productions (used during the Algerian War, this censorship disposition was not used in 2005).
Henri Alleg
Henri Alleg
Henri Alleg , born Henri Salem, is a French-Algerian journalist, director of the "Alger républicain" newspaper, and a member of the French Communist Party...
's book La Question
La Question
La Question is a book by Henri Alleg, published in 1958. It is notorious for precisely describing the methods of torture used by French paratroopers during the Algerian War from the point of view of a victim...
denouncing torture by the French Army during the Algerian war was censored, as well as other similar books and films, such as The Battle of Algiers
The Battle of Algiers (film)
The Battle of Algiers is a 1966 war film based on occurrences during the Algerian War against French colonial occupation in North Africa, the most prominent being the titular Battle of Algiers. It was directed by Gillo Pontecorvo...
.
Recently, UMP
Union for a Popular Movement
The Union for a Popular Movement is a centre-right political party in France, and one of the two major contemporary political parties in the country along with the center-left Socialist Party...
deputy Nadine Morano
Nadine Morano
Nadine Morano is a French politician of Italian descent and the Minister for Apprenticeship and Professional Formation under the Minister of Labour, Employment and Health, Xavier Bertrand. She was previously Secretary of State for Family in the government of François Fillon on March 18, 2008...
interpellated Interior Minister (UMP) Nicolas Sarkozy
Nicolas Sarkozy
Nicolas Sarkozy is the 23rd and current President of the French Republic and ex officio Co-Prince of Andorra. He assumed the office on 16 May 2007 after defeating the Socialist Party candidate Ségolène Royal 10 days earlier....
to censor hip-hop bands, while 200 UMP deputies, led by François Grosdidier
François Grosdidier
François Grosdidier is a member of the National Assembly of France. He represents the Moselle department, and is a member of the Union for a Popular Movement.-References:...
, tried without success to censor hip-hop bands. The whole thing started with a song called La France
La France (song)
"La France" is a 2001 song by the French hip hop band Sniper. It addresses perceived injustices committed against minorities by the French political system and the fact that even though there is an overwhelming number of people of African and Arab origins in France, they are poorly represented in...
by French hip-hop band Sniper
Sniper (group)
Sniper is a French hip hop Band from the Val-d'Oise department. The group consists of Tunisiano , Aketo , and Blacko, formerly Black Renega .- Biography :...
.
In 1987 a law repressing incitation to suicide was passed, after a best-selling book called "Suicide, mode d'emploi" was published in 1982. The bill was first adopted by the Senate
French Senate
The Senate is the upper house of the Parliament of France, presided over by a president.The Senate enjoys less prominence than the lower house, the directly elected National Assembly; debates in the Senate tend to be less tense and generally enjoy less media coverage.-History:France's first...
in 1983; in 1987, during the debates before the National Assembly
French National Assembly
The French National Assembly is the lower house of the bicameral Parliament of France under the Fifth Republic. The upper house is the Senate ....
, the book was cited by name as a prime example of what was to be banned. This book, written by two anarchists (Claude Guillon and Yves Le Bonniec), contained a historic and theoretical account of suicide, as well as a critical overview of ways to commit suicide. The book could not be rereleased in 1989 because of that law. The book is thus censored de facto, unavailable in all libraries and bookshops in France. It has never been translated into English.
Linguistic censorship today
The Toubon lawToubon Law
The Toubon Law , is a law of the French government mandating the use of the French language in official government publications, in all advertisements, in all workplaces, in commercial contracts, in some other commercial communication contexts, in all government-financed schools, and some other...
enacted in 1994 has the cultural goal of "reaffirming the position of the French language". It requires "the compulsory use of the French language in all [public] written, ...radio and television advertising..." As a direct consequence, advertising industry workers in France have expressed "frustration with regards to what many of them perceive as linguistic censorship." Computer software developed outside France has to have its user interface and instruction manuals translated into French to be legally used by companies in France, due to the provision of the Toubon law applying to all workplaces that "any document that contains obligations for the employee or provisions whose knowledge is necessary for the performance of one's work must be written in French." Also under this law, French language is required in all audiovisual programs, with exceptions for musical works and 'original version' films. Under a related law for television, a minimum of 60 per cent of the movies and TV series must be produced in European countries and 40 per cent in Francophone countries, and these minimums must be met during evening prime-time as well as daily overall time. The latter law is not linguistic censorship because it applies to television programs that are dubbed into French; rather it is a restriction of foreign-produced cultural content. In another law that involves censorship of both linguistic and foreign-produced content, songs in the French language on radio are protected by a minimum quota system.
Press
The press is largely unrestricted by law in France, although indirect pressures are sometimes applied to prevent publication of materials against the interests of the government or influential industries. Involvement of the government and major industrial groups, sometimes with political ties, with certain press organizations sometimes raises questions as to the ability of the press to remain truly independent and unrestricted. Examples include:- the Agence France-PresseAgence France-PresseAgence France-Presse is a French news agency, the oldest one in the world, and one of the three largest with Associated Press and Reuters. It is also the largest French news agency. Currently, its CEO is Emmanuel Hoog and its news director Philippe Massonnet...
(AFP), an internationally active news agency used by the media worldwide, is a public corporation nominally independent from the government, but derives a lot of its revenue from sales to government; - Radio France International (RFI) is funded by the Minister of Foreign AffairsMinister of Foreign Affairs (France)Ministry of Foreign and European Affairs ), is France's foreign affairs ministry, with the headquarters located on the Quai d'Orsay in Paris close to the National Assembly of France. The Minister of Foreign and European Affairs in the government of France is the cabinet minister responsible for...
, and is sometimes criticized for its cover of former French colonies - Serge DassaultSerge DassaultSerge Dassault is a French entrepreneur and conservative politician. According to Forbes magazine, he was the 96th richest person in the world, with a net worth of $9.3 billion....
, businessman involved in warplanes, and thus in government procurement contracts, (see Dassault AviationDassault AviationDassault Aviation is a French aircraft manufacturer of military, regional and business jets, a subsidiary of Dassault Group.It was founded in 1930 by Marcel Bloch as Société des Avions Marcel Bloch or "MB". After World War II, Marcel Bloch changed his name to Marcel Dassault, and the name of the...
) and senator from the ruling UMPUnion for a Popular MovementThe Union for a Popular Movement is a centre-right political party in France, and one of the two major contemporary political parties in the country along with the center-left Socialist Party...
party, owns newspapers including Le FigaroLe FigaroLe Figaro is a French daily newspaper founded in 1826 and published in Paris. It is one of three French newspapers of record, with Le Monde and Libération, and is the oldest newspaper in France. It is also the second-largest national newspaper in France after Le Parisien and before Le Monde, but...
; he famously indicated that he intended his papers to reflect only "healthy ideas" (idées saines) and that left-wing ideas were unhealthy; - the BouyguesBouyguesBouygues S.A. is a French industrial group headquartered in the 8th arrondissement of Paris, France. Bouygues is listed on Euronext Paris exchange and is a blue chip in the CAC 40 stock market index. The company was founded in 1952 by Francis Bouygues and since 1989 has been led by his son Martin...
group, a major operator of public works and thus of government procurement contracts, owns the TF1TF1TF1 is a national French TV channel, controlled by TF1 Group, whose major share-holder is Bouygues. TF1's average market share of 24% makes it the most popular domestic network...
TV channel, which has the largest audience.
In addition, most of the press depends on advertisement to generate revenue; the question of independence from advertisers is a constant and contentious one, with repeat assertions that undesirable investigations were descheduled from TV broadcasts.
However, there are outstanding examples of freedom and independence of the press, including the Canard enchaîné
Le Canard enchaîné
Le Canard enchaîné is a satirical newspaper published weekly in France. Founded in 1915, it features investigative journalism and leaks from sources inside the French government, the French political world and the French business world, as well as many jokes and humorous cartoons.-Early...
, a newspaper that is known for its scoops and its brazen publication thereof, even against the will of the government. The Canard does not accept advertising in order to remain truly independent.
Theatre
Victor HugoVictor Hugo
Victor-Marie Hugo was a Frenchpoet, playwright, novelist, essayist, visual artist, statesman, human rights activist and exponent of the Romantic movement in France....
's 1832 play Le roi s'amuse
Le roi s'amuse
Le roi s'amuse is a play written by Victor Hugo in 1832. While it depicts the escapades of Francis I of France, censors of the time believed that it also contained insulting references to King Louis-Philippe and banned it after one performance...
was banned after one performance. Though it depicts the escapades of Francis I of France
Francis I of France
Francis I was King of France from 1515 until his death. During his reign, huge cultural changes took place in France and he has been called France's original Renaissance monarch...
, censors of the time believed that it also contained insulting references to King Louis-Philippe. Hugo brought a suit to permit the performance of the play, which he lost but it propelled him into celebrity as a defender of freedom of speech.
Cinema
All films intended for theatrical release have to be granted a visa by the Ministry of Culture, upon the recommendation of Commission for film classification (Commission de classification cinématographique), which can give a film one of five ratings:- Tous publics (universal): suitable for all audiences
- Déconseillé aux moins de 10 ans (-10): Not recommended for under 10 years
- Interdit aux moins de 12 ans (-12): Forbidden for under 12s
- Interdit aux moins de 16 ans (-16): Forbidden for under 16s
- Interdit aux moins de 18 ans (-18): Forbidden for under 18s
Cinemas are bound by law to prevent underaged audiences from viewing films and may be fined if they fail to do so.
The Commission cannot make cuts to a film, but it can ban it, although this latter power is rarely used. In practice, this means that most films in France are categorized rather than censored.
Although there are no written guidelines as to what sort of content should receive which rating and ratings are given on a case by case basis, the commissioners typically cite violent, sexual and drug related content (especially if it is deemed to be graphic or gratuitous) as reasons for higher ratings. By contrast little attention is paid to strong language. However sexual content is much less likely to produce a high rating than in many other countries, including the United States.
Films that have received comparatively low ratings in France compared to the U.S. include:
- American Beauty, U
- Fat GirlFat GirlÀ ma sœur! is a 2001 French film directed by Catherine Breillat and starring Roxane Mesquida. It was released in some English speaking countries under the alternative titles For My Sister or Fat Girl....
, -12 - Borat: Cultural Learnings of America for Make Benefit Glorious Nation of KazakhstanBorat: Cultural Learnings of America for Make Benefit Glorious Nation of KazakhstanBorat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan, often referred to simply as Borat, is a 2006 mockumentary comedy film directed by Larry Charles and distributed by 20th Century Fox...
, U (Rated R in US) - Eyes Wide ShutEyes Wide ShutEyes Wide Shut is a 1999 drama film based upon Arthur Schnitzler's 1926 novella Traumnovelle . The film was directed, produced and co-written by Stanley Kubrick, and was his last film. The story, set in and around New York City, follows the sexually-charged adventures of Dr...
, -10 (Rated NC-17 in US) - KidsKids (film)Kids is a 1995 drama film written by Harmony Korine and directed by Larry Clark.The film features Chloë Sevigny, Leo Fitzpatrick, Justin Pierce, Harold Hunter, and Rosario Dawson, all of them in their debut performances...
, -12 - Taxi DriverTaxi DriverTaxi Driver is a 1976 American drama film directed by Martin Scorsese and written by Paul Schrader. The film is set in New York City, soon after the Vietnam War. The film stars Robert De Niro and features Jodie Foster, Harvey Keitel, and Cybill Shepherd. The film was nominated for four Academy...
, -16, reclassified to -12 - Ichi the KillerIchi the Killeris a 2001 Japanese film directed by Takashi Miike, based on Hideo Yamamoto's manga series of the same name.- Plot : While alone with a prostitute, crime lord Anjo is brutally murdered...
, -12 - BraveheartBraveheartBraveheart is a 1995 epic historical drama war film directed by and starring Mel Gibson. The film was written for the screen and then novelized by Randall Wallace...
, -10 (Rated R in US) - The ExorcistThe Exorcist (film)The Exorcist is a 1973 American horror film directed by William Friedkin, adapted from the 1971 novel of the same name by William Peter Blatty and based on the exorcism case of Robbie Mannheim, dealing with the demonic possession of a young girl and her mother’s desperate attempts to win back her...
, -12
List of censored books
- Lamennais, Le Pays et le gouvernement (1840, led to Lammemais' imprisonment for a year)
- Henri AllegHenri AllegHenri Alleg , born Henri Salem, is a French-Algerian journalist, director of the "Alger républicain" newspaper, and a member of the French Communist Party...
, La Question (MinuitLes Éditions de MinuitLes Éditions de Minuit is a French publishing house which has its origins in the French Resistance of World War II and still publishes books today.-History:...
, 1958 - on the use of torture during the Algerian WarTorture during the Algerian WarElements of the French Armed Forces as well as of the opposing Algerian National Liberation Front made use of torture during the Algerian War of Independence , creating an ongoing public controversy. Pierre Vidal-Naquet estimates that there were "possibly hundreds of thousands of instances of...
) - Frantz FanonFrantz FanonFrantz Fanon was a Martiniquo-Algerian psychiatrist, philosopher, revolutionary and writer whose work is influential in the fields of post-colonial studies, critical theory and Marxism...
's The Wretched of the EarthThe Wretched of the EarthThe Wretched of the Earth is Frantz Fanon's most famous work, written during and regarding the Algerian struggle for independence from colonial rule...
(1961), with a preface from Jean-Paul SartreJean-Paul SartreJean-Paul Charles Aymard Sartre was a French existentialist philosopher, playwright, novelist, screenwriter, political activist, biographer, and literary critic. He was one of the leading figures in 20th century French philosophy, particularly Marxism, and was one of the key figures in literary...
(published by François MasperoFrançois MasperoFrançois Maspero ) is a French author and journalist, best known as a publisher of leftist books in the 1970s. He has also worked as a translator, translating the works of Joseph Conrad and John Reed, author of Ten Days that Shook the World, among others...
) - Mongo BetiMongo BetiAlexandre Biyidi Awala , known as Mongo Beti, was a Cameroonian writer.- Life :Though he lived in exile for many decades, Beti's life reveals an unflagging commitment to improvement of his home country...
's Cruel hand on Cameroon, autopsy of a decolonization (Maspero, 1972) censored by the Ministry of the Interior Raymond MarcellinRaymond MarcellinRaymond Marcellin was a French politician.- Biography :The son of a banker, he studied law at the University of Strasbourg and the University of Paris. He worked as a lawyer for three years, before being called into the army in September 1939. He was captured by the Wehrmacht, but managed to...
on the request, brought forward by Jacques FoccartJacques FoccartJacques Foccart was a chief adviser for the government of France on African policy as well as the co-founder of the Gaullist Service d'Action Civique in 1959 with Charles Pasqua, which specialized in covert operations in Africa.From 1960 to 1974, he was the President of France's chief of staff...
, of the Cameroon government, represented in Paris by the ambassador Ferdinand OyonoFerdinand OyonoFerdinand Léopold Oyono was an author from Cameroon whose work is recognized for a sense of irony that reveals how easily people can be fooled...
. - Bagatelles pour un massacre, by Louis-Ferdinand CélineLouis-Ferdinand CélineLouis-Ferdinand Céline was the pen name of French writer and physician Louis-Ferdinand Destouches . Céline was chosen after his grandmother's first name. He is considered one of the most influential writers of the twentieth century, developing a new style of writing that modernized both French and...
, for antisemitism, just like by the same author :- L'Ecole des cadavres
- Les Beaux draps
- Léon DegrelleLéon DegrelleLéon Joseph Marie Ignace Degrelle was a Walloon Belgian politician, who founded Rexism and later joined the Waffen SS which were front-line troops in the fight against the Soviet Union...
's Tintin mon copain
List of censored songs
- Boris VianBoris VianBoris Vian was a French polymath: writer, poet, musician, singer, translator, critic, actor, inventor and engineer. He is best remembered today for his novels. Those published under the pseudonym Vernon Sullivan were bizarre parodies of criminal fiction, highly controversial at the time of their...
, The Deserter (1954) - JoeyStarr, "Sarkozy" (2006)
List of censored films
- La Garçonne, (1923)
- Zéro de conduiteZéro de ConduiteZéro de conduite is a 1933 French film directed by Jean Vigo. It was first shown on 7 April 1933, and was subsequently banned in France until 15 February 1946....
, (1933) - Jean-Luc GodardJean-Luc GodardJean-Luc Godard is a French-Swiss film director, screenwriter and film critic. He is often identified with the 1960s French film movement, French Nouvelle Vague, or "New Wave"....
, Le Petit SoldatLe Petit SoldatThe Little Soldier is a 1960 French film, written and directed by French filmmaker Jean-Luc Godard, but not released until 1963. It was Godard's first film with Anna Karina, who starred as Véronica Dreyer alongside Michel Subor ....
(1960) - Du - Zwischenzeichen der Sexualität, (1968)
- Gillo PontecorvoGillo PontecorvoGillo Pontecorvo was an Italian filmmaker. He worked as a film director for more than a decade before his best known film La battaglia di Algeri was released...
, The Battle of AlgiersThe Battle of Algiers (film)The Battle of Algiers is a 1966 war film based on occurrences during the Algerian War against French colonial occupation in North Africa, the most prominent being the titular Battle of Algiers. It was directed by Gillo Pontecorvo...
, (1965) - L'Essayeuse, (1976)
- RomanceRomance (1999 film)Romance is a 1999 French movie written and directed by Catherine Breillat. It stars Caroline Ducey, pornographic actor Rocco Siffredi, Sagamore Stévenin and François Berléand. The film features explicit copulation scenes, especially one showing Caroline Ducey's coitus with Rocco Siffredi...
(1999)
CSA
The Conseil Supérieur de l'AudiovisuelConseil supérieur de l'audiovisuel
The Conseil supérieur de l'audiovisuel is a French institution, created in 1989, whose role is to regulate the various electronic media in France, such as radio and television, including through eventual censorship...
(CSA) is charged to regulate televisions, both public and private. It surveys the respect of national legislation, as well as the respect of time allocated to each political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
in the media during electoral periods.
Freedom of information
Freedom of information and the accountability of public servants is a constitutional right, according to the Declaration of the Rights of Man and of the CitizenDeclaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen is a fundamental document of the French Revolution, defining the individual and collective rights of all the estates of the realm as universal. Influenced by the doctrine of "natural right", the rights of man are held to be universal: valid...
.
The implementing freedom of information legislation
Freedom of information legislation
Freedom of information legislation comprises laws that guarantee access to data held by the state. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions...
is the Loi n°78-753 du 17 juillet 1978 portant diverses mesures d'amélioration des relations entre l'administration et le public et diverses dispositions d'ordre administratif, social et fiscal (Act No. 78-753 of 17 July 1978. On various measures for improved relations between the Civil Service and the public and on various arrangements of administrative, social and fiscal nature). It sets as a general rule that citizens can demand a copy of any administrative document (in paper, digitized or other form). The commission on access to administrative documents (Commission d'Accès aux Documents Administratifs, CADA), an independent administrative authority, may help in the process. Regulations specify maximal fees of reproduction. Only final versions, not work documents, may be requested. There exist a number of exemptions:
- Documents established in the process of justiceJusticeJustice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
. - Documents of cases before the national ombudsmanOmbudsmanAn ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
. - Documents carrying an appreciation or judgment over a named or easily identifiable person, or containing private information of that person (such as medical records), when the person requesting the document is not the person described in the document or, in some cases, from his or her family; such documents may often still be obtained after the names of the persons involved are erased;
- Documents for which that are already available to the public (for instance, publishing in the Journal OfficielJournal Officiel de la République FrançaiseThe Journal Officiel de la République Française is the official gazette of the French Republic. It publishes the major legal official information from the national Government of France.-Publications:...
). - Documents with secrets regarding national defense or national foreign policy (though they may often be communicated after erasure of certain passages).
- Internal deliberations of the national executive.
- Documents from fiscal, customs, criminal enquiries.
Certain exempted documents may still be available according to other statutes. For instance, some tax-related information about any taxpayer are available to any other taxpayer from the same tax district.
CADA does not have the power to order administrations to surrender documents, though it may strongly incite them to do so. However, citizens can challenge the refusal of the administration before the administrative court
Administrative court
Greece, as a civil law country has administrative courts. The establishment of those courts can be found in article 94 of the Constitution of the Hellenic Republic 1975, as revised in 2001. The administrative courts are composed from districts Courts of First Instance, district Courts of Appeal and...
s (i.e. court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s hearing recourses against the executive). Unfortunately, these courts are overbooked, and citizens must often wait several years to have their rights examined in a fair trial. France has been declared guilty of excessive delays (more than 10 years) many times by the European Court of Human Rights.
See also
- Internet censorship in FranceInternet censorship in FranceThere is very little Internet censorship in France, apart from limited filtering of child pornography and Web sites that promote terrorism or racial hatred, and attempts to protect copyright.-Overview:...
- Human rights in FranceHuman rights in FranceThe preamble of the Constitution of the French Fifth Republic, founded in 1958, recalls the 1789 Declaration of the Rights of Man and of the Citizen. France has also ratified the 1948 Universal Declaration of Human Rights, as well as the European Convention on Human Rights 1960 and the Charter of...
- Reporters Without BordersReporters Without BordersReporters Without Borders is a France-based international non-governmental organization that advocates freedom of the press. It was founded in 1985, by Robert Ménard, Rony Brauman and the journalist Jean-Claude Guillebaud. Jean-François Julliard has served as Secretary General since 2008...
External links
- CNC Centre National de la Cinématographie, parent organisation of the Commission for film classification
- CSA Conseil supérieur de l'audiovisuel
- IFEX International Freedom of Expression Exchange
- Specific Sites Excluded from Google.fr and or Google.de.
- La Censure cinématographique en France, thesis