FRANCE: Draft law on “Global security” is dangerous for fundamental rights

Des milliers de personnes devant l'Assemblée Nationale à #Paris. #StopLoiSécuritéGlobale pic.twitter.com/e3TEsyfI9G

— Anonyme Citoyen (@AnonymeCitoyen) November 17, 2020

What the hell does "Global Security" have to do with it, anyway? It's fucking France, not the fucking "Globe".

Analysis by Amnesty International France, published on 12 Nov. 2020, translated from French, original article accessible here From 17 to 20 November, the National Assembly is scheduled to examine the so-called “Global Security” bill, supported by MPs from the governing majority. 

If such a law were to enter into force as it stands, it would constitute a serious violation of the right to information, respect for privacy, and freedom of peaceful assembly, three conditions that are essential to the right to freedom of expression. 

We deplore the fact that this bill is being examined under an accelerated procedure when there is no urgency to do so. This has already been the case in recent years for several laws with a strong impact on human rights (the Intelligence Act, the SILT Act, the so-called “anti-rioters law”). This procedure de facto restricts their in-depth examination and informed communication to society. We regret that this text is no exception to the rule. 

PREVENTING THE DISSEMINATION OF POLICE VIDEOS 

The proposed law provides for major obstacles to the possibility of filming and disseminating images of law enforcement officials, that is essential in a state governed by the rule of law. In recent years, many videos taken by journalists or ordinary citizens have made cases of human rights violations public. 

We believe that this proposed law would lead France to be out of line with its international human rights commitments. Any restriction on these rights must be subject to strict compliance with the principles of legality, necessity and proportionality, enshrined in international law. We alert parliamentarians to the serious risks of such a proposal for the right to freedom of expression and call on them to mobilise in the context of the parliamentary review to delete Article 24 of the proposal. 

A MAJOR RISK FOR THE FREEDOM TO INFORM 

Article 24 of the bill provides for very heavy penalties (up to one-year imprisonment and a fine of 45,000 euros) for broadcasting videos in which police officers or gendarmes are identifiable “with the aim of causing physical or psychological harm”. 

In practice, this provision opens the way to divergent and arbitrary interpretations, in particular of the notion of psychological harm. If adopted, it will hamper the work of journalists. Citizens will no longer be able to provide evidence of police violence. We ourselves use such videos, after analysis and authentication, in our research.