Helga Law Journal - 01.01.2021, Side 218

Helga Law Journal Vol. 1, 2021
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International Legal Research Group
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6 How equipped is your country’s legal system to
face the challenges presented by digital social
movements such as #metoo and how might the
right to protest be exercised in this context?
6.1 The right to demonstrate on the Internet through freedom
of expression
In France, there is no specific legislation on the freedom to demonstrate on the
Internet. The only case law related to this, deal with freedom of expression and
more specifically its application on the internet.
The right to demonstrate on the internet is therefore exercised through
freedom of expression.
6.2 Respect for freedom of expression and its limits on the
Internet
Freedom of expression is written in Article 10 of the European Convention on
Human Rights, it also states that the exercise of freedom of expression may be
restricted by law in to the extent that they are necessary and proportionate to the
aim pursued in a democratic society.
Similar limits in which freedom of expression may be exercised are set out in
Article 11 of the French Declaration of the Rights of Man and the Citizen: "The
free communication of thoughts and opinions is one of the rights more precious
of the man: any citizen can thus speak, write, print freely, except to answer to the
abuse of this freedom in the cases determined by the Law."40
On the internet, everyone has the right to express themselves freely within
traditional limits. The main prohibitions include insults, privacy, defamation,
apology for terrorism or incitement.

7 What role and responsibilities do academic
institutions in your country have regarding
promoting freedom of speech and the right to
protest within and outside their campuses?
7.1 The unalienable freedom of expression of the university
Article 3 of Act No. 84-52 of 26 January 1984 on higher education states that "the
public service of higher education is secular and independent of any political,

40 Declaration of the Rights of Man and of the Citizen, Article 11.
economic, religious or ideological influence; to the objectivity of knowledge, it
respects the diversity of opinions and must guarantee to teaching and research
their possibilities of free scientific development.41"
This article therefore requires that freedom of expression be present in
universities. It is necessary for the smooth running of their mission.
French law goes so far as to devote greater freedom of expression to
academics, (Code of Education, art L. 952-2), which extends beyond that of civil
servants.42
Finally, independence is granted to them through, most notably, the statute
of professors: irremovability for the professors holding a chair.
The Constitutional Council binds these two particularities to the nature of
their teaching and research functions.
7.2 This privileged status makes the university ambassador of
freedom of expression
The freedom of expression granted to French universities gives them a special
aura. Thus, they serve as a pillar of this freedom, although it is not one of their
defined roles, this is done by academic researchers and teachers who use this
freedom to protect themselves.
However, French universities do not have the obligation or even the
objective. Since French law only requires higher education to strive towards "the
objectivity of knowledge, it respects the diversity of opinions and must guarantee
to teaching and research their possibilities of free scientific development."43
Moreover, the July 1968 law incorporates political and trade union freedoms
at the University.
Without being the watchdog of democracy, French universities play a
significant role in promoting freedom of expression and by extension in
demonstrating.

41 Act No. 84-52 of 26 January 1984, Article 3.
42 Code of Education, Article L952-2.
43 L141-6 Code of Education.