Case:
D. 2002. Somm.2300 Subsequent Developments
Date:
20 September 2001
Note:
Translated French Cases and Materials under the direction of Professor B. Markesinis and M. le Conseiller Dominique Hascher
Translated by:
Tony Weir
Copyright:
Professor B. S. Markesinis

Subsequent Developments

The tribunal below was correct to hold that although the political views of a citizen form part of his private life which he is entitled not to have divulged, it is nevertheless different if he holds an important and responsible position, even an unofficial one, in a recognised political party such as Lutte ouvrière;

In a democratic society electors are entitled to to a certain amount of transparency and have an interest in knowing who is really behind the party for which they cast their vote; indeed it is the very function of the journalist to provide such information.

CA Paris 20 September 2001: The case in question decided by this judgment seems isolated in French law, and neither to have a recent precedent, nor any later judgment or decision repeating or contradicting this solution. Although, effectively, as the judgment mentions, the political convictions of citizens come within their private lives, it is a different matter when the person complains of the disclosure of his name by the press in his capacity of leader – even if it was unofficial - of a recognised political party, represented at presidential elections for nearly 30 years. As the judgment observes, "in a democratic society, the elector has the right to a minimum of transparency and needs to be able to know who are the true leaders of the parties to whom he entrusts his ballot paper", the very function of a journalist being to provide him with information on this point. Commenting on this judgment, Agathe Lepage (Dalloz 2002, som com p 2300) notes that "it would be bad grace" for a "person playing a determining role at the heart of a recognised political party to complain about the revelation of his identity by the media". Although it seems unlikely that a similar case will arise before the courts soon, it seems still more unlikely that a solution contrary to that set out here will be adopted.

Translation by Raymond Youngs

 

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