French government defends 'happy slapping' legislation
France's Interior Ministry today defended a new law that makes it illegal for anyone other than professional journalists to film and distribute images of real-world violence.
Officials said that judges will ensure that the measure does not infringe freedom of expression.
Critics say the law is a clumsy, if well-intentioned, effort to fight "happy slapping", the ill-named youth fad of filming orchestrated violence and sharing the images on the web or between mobile phones.
The measure, part of a broad new anti-crime law championed by Interior Minister Nicolas Sarkozy that took effect Wednesday, will be subject to up to five years in prison and fines of more than €70,000.
French press advocacy group Reporters Without Borders expressed concerns the law could open the door to prosecution of "citizen journalists" who "can play a role in monitoring the activities of the authorities throughout the world" and exposing injustices.
Sarkozy spokesman Franck Louvrier said the law was aimed to fight contrived violence and insisted that courts will be able to distinguish between whistleblowers and criminals.
Sarkozy is a top contender in the French two-round presidential election in April and May.
"A judge understands the difference between a 'happy slapping' video and a 'citizen's video' very well," he said.
"This law notably targets 'happy slapping' operations, and a judge will know how to apply the law."
Experts said the law is the first of its kind in Europe. Ligue Odebi, an association that seeks to protect freedom of expression on the Internet, said the measure will also hinder citizens' ability to expose police brutality.
"This makes France the Western country that most infringes on freedom of expression and information - particularly on the internet," the group said in a statement on its website, www.odebi.org.
The measure has implications for online video sites like YouTube, or France's Dailymotion.com. Authorities could ask them to identify the sources of images made available through their sites.
In Turkey yesterday, a court ordered access to YouTube's site blocked because of videos allegedly insulting the founder of modern Turkey, Mustafa Kemal Ataturk.
The French law says that anyone who "knowingly" films illegal acts of violence and distributes the images can be considered an accomplice - but that professional journalists are exempt.
"A journalist is a journalist; a citizen is a citizen," Louvrier said.
But Loic Le Meur, one of France's best-known bloggers who works on Sarkozy's presidential campaign, said the line is growing increasingly blurred between journalists and bloggers.
He called the law a "good initiative", but said "the distinction between professional and amateur journalists is getting harder to make out".
