Media law

Defence of image and reputation: +33 1 87 66 00 48

Media law is governed by the Law of 29 July 1981 and applies as much to classic organs of dissemination as to modern means or advanced technologies. It therefore targets print and audiovisual press articles as well as social network posts.

Mr. Charles Bruguière appears before civil and criminal courts to defend the image and reputation of his clients in defamation or public insult proceedings, and intervenes as an emergency to stop attacks on the presumption of innocence or privacy.

We also ensure the implementation of rights of reply and rectification with the press organs that published the statements in dispute.

What is media law?

Media law is the set of rules applicable to the dissemination of information by all means of communication: print press, television, radio, social networks, blogs, and websites. The law of 29 July 1981 frames freedom of expression while protecting the honour, reputation, and privacy of individuals.

Mr. Bruguière appears before the 17th chamber of the Paris Judicial Court and before the competent courts throughout the national territory to defend the image and reputation of his clients.

Media law offences

Defamation

Defamation consists in imputing to a person a specific fact that damages their honour. It is punishable by 1 year's imprisonment and a fine of EUR 45,000 when committed against an individual, and by 2 years' imprisonment and a fine of EUR 45,000 when directed at a person entrusted with a public service mission (public defamation).

Defamation can take various forms: press articles, social network posts, online comments, television or radio programmes, blogs, and websites. The firm analyses each piece of content to determine whether the legal conditions for defamation are met.

Public insult

Insult is an outrageous expression, a term of contempt, or an invective that does not include the imputation of a specific fact. Public insult is punishable by 6 months' imprisonment and a fine of EUR 22,500. Non-public insult is a petty offence.

The firm intervenes to establish the insult and obtain redress, whether the outrage was uttered in traditional media or on social networks.

Invasion of privacy

Invasion of privacy consists in disclosing information relating to a person's private life without their consent. This may concern:

• The dissemination of images or videos without authorisation
• The revelation of medical or family information
• The publication of a personal address or contact details
• The disclosure of private correspondence
• Digital espionage and non-consensual surveillance

Mr. Bruguière intervenes as an emergency to obtain the removal of content and the conviction of the authors.

Attack on the presumption of innocence

Article 9-1 of the Declaration of the Rights of Man and of the Citizen protects the presumption of innocence. Any public attack on this presumption (presentation of facts before a final judgment, condemnatory comments, exhibition of persons under formal investigation) may give rise to legal action. The firm intervenes as an emergency to stop these attacks, particularly in the media and on social networks.

Defence and claimant representation

The firm intervenes both in defence (accused of defamation or insult) and as claimant (victim of an attack on honour or privacy).

Defence of freedom of expression

When you are accused of defamation or insult, Mr. Bruguière examines the available defences:

• Proof of the truth of the facts imputed (when they relate to matters of public interest)
• Good faith and absence of intent to harm
• Public nature of the statements (public figure, matter of public interest)
• Indirect or non-identifiable imputation
• Time-bar (3-month limit for press offences)

Protection of honour and reputation

When you are the victim of an attack on your honour, the firm implements all available remedies:

• Formal notice to cease and remove the content
• Request for a right of reply or rectification
• Summary proceedings to obtain emergency removal
• Action on the merits to obtain damages and publication of the judgment
• Contacting platforms for the removal of contentious content

Rights of reply and rectification

The right of reply allows any person targeted by inaccurate or defamatory information to publish a reply in the same communication organ. It must be exercised within 3 months of publication.

The right of rectification allows a materially inaccurate piece of information to be corrected. Mr. Bruguière prepares right-of-reply and rectification requests, negotiates with editorial teams, and brings the matter before the competent courts in the event of refusal.

Social networks and media law

Publications on social networks are subject to media law. A Facebook post, a tweet, an Instagram comment, or a Snapchat story may constitute defamation or public insult if the legal conditions are met.

The firm intervenes as an emergency to:

• Capture and preserve evidence (screenshots, witness statements)
• Contact platforms for the removal of content
• Obtain identification of anonymous authors
• Initiate criminal and civil proceedings against the authors

Litigation before the 17th chamber of the Paris Judicial Court

The 17th chamber of the Paris Judicial Court is the court specialising in media law cases for national publications. Mr. Bruguière appears regularly before this court to defend his clients in defamation, insult, invasion of privacy, and attacks on the presumption of innocence cases.

The firm also provides defence in regional courts for local publications, as well as before the Paris Court of Appeal for appeals from first-instance judgments.

Related areas: general criminal law · disciplinary proceedings · business criminal law.