Law on the Freedom of the Press of 29 July 1881  

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-The '''Law on the Freedom of the Press of 29 July 1881''' ({{lang-fr|Loi sur la liberté de la presse du 29 juillet 1881}}), often called the '''Press Law of 1881''', is a law that defines the freedoms and responsibilities of the media and publishers in [[France]]. It provides a legal framework for publications and regulates the display of advertisements on public roads. Although it has been amended several times since its enactment, it remains in force to the present day.+The '''Law on the Freedom of the Press of 29 July 1881''' (''Loi sur la liberté de la presse du 29 juillet 1881''), often called the '''Press Law of 1881''', is a law that defines the freedoms and responsibilities of the media and [[publishers in France]]. It provides a legal framework for publications and regulates the display of [[advertisements on public roads]]. Although it has been amended several times since its enactment, it remains in force to the present day.
It is often regarded as the foundational legal statement on [[freedom of the press]] and [[freedom of speech]] in France, inspired by Article 11 of the [[Declaration of the Rights of Man and the Citizen]] of 26 August 1789. At the same time, the law imposes legal obligations on publishers and criminalises certain specific behaviours (called "press offences"), particularly concerning [[defamation]]. It is often regarded as the foundational legal statement on [[freedom of the press]] and [[freedom of speech]] in France, inspired by Article 11 of the [[Declaration of the Rights of Man and the Citizen]] of 26 August 1789. At the same time, the law imposes legal obligations on publishers and criminalises certain specific behaviours (called "press offences"), particularly concerning [[defamation]].
-==History==+A first restriction on the law of 1881 happened one year later in the law of [[August 2]] [[1882]] and the crime of "[[outrage aux bonnes mœurs]] par voie de presse, d'affiche ou d'écrit de toute nature." This law was made in order to curb the promulgation of [[erotic literature|erotic]] and [[pornographic literature]] signalled by the police.
- +==See also==
-The Press Law was passed under the [[French Third Republic]] in 1881 by the then-dominant [[Opportunist Republicans]] who sought to liberalise the press and promote free public discussion. The new law swept away a swathe of earlier statutes, stating at the outset the principle that "Printing and publication are free".+*[[French censorship]]
- +
-Prior to 1881, French law had a complex and unclear set of laws that regulated public commentary. Slander was regulated by a thicket of [[jurisprudence]] that had grown during the century, and numerous laws had been enacted to regulate the press and public censorship at various points during the republican and monarchist regimes of the 19th century. In total, 42 different laws containing 325 separate clauses regulating the press were in force, having been passed over a period of 75 years by ten different governments.<ref name="kuhn">Raymond Kuhn, ''The Media in France'', pp. 47-49. Routledge, 1994. ISBN 0415014581</ref> Slander against public officials attacked in their public functions was criminalised under a law of 1819, but by 1880 the distinction between private and public affronts had become far from clear.<ref name="nye">Robert A. Nye, ''Masculinity and Male Codes of Honor in Modern France'', pp. 175-176. Oxford University Press, 1993. ISBN 0195046498</ref> The free exercise of published speech was further limited by onerous requirements to obtain prior authorisation from the government and deposit a sum of "caution money".+
- +
-==Key principles==+
- +
-In place of the confusing mass of legislation that preceded it, the Press Law established a number of basic principles. Publishing was liberalised, with the law requiring only that publishers present their names to the authorities and deposit two copies of every work. The authorities were denied the power to suppress newspapers and the offence of ''délits d'opinion'' (crimes of opinion, or types of prohibited speech) was abolished. This had previously enabled prosecutions of critics of the government, monarchy and church, or of those who argued for controversial ideas on property rights. The scope of libel was severely reduced, with the criteria for defamation being much more tightly defined. A limited number of "press offences" was retained, including outraging public morals, and insulting high-ranking public officials including the President of the Republic, heads of foreign states and ambassadors. The law also provided a right of reply for persons to respond to articles in which they were featured.+
- +
-In addition, the law regulates advertising and permits property owners to forbid the posting of advertisements on their properties. References to the law are frequently seen on French walls where signs proclaim ''"Defense d'afficher - loi du 29 Juillet 1881"'' ("posters forbidden - law of 29 July 1881").+
- +
-===Defamation===+
- +
-One of the most important reforms instituted by the Press Law was a major reduction in the previously extensive range of activities deemed libelous. Libel is defined concisely as "any allegation or imputation of fact striking a blow at the honour or the consideration of a person or a body to which that fact is imputed." It is generally possible to defend oneself from a libel accusation by demonstrating that the libelous facts are true, though this is not accepted in all cases.+
- +
-As originally enacted, the law distinguished between levels of offence and between public officials and private citizens. Defamation of private citizens was treated far less seriously than that of injuring public officials; defaming a man in his public capacity could be punished by a year's imprisonment and a fine of 3,000 [[franc]]s, while injuring a private citizen could cost as little as 18 francs or six days in prison.+
- +
-Any statement made in parliament, judicial tribunals or (by implication) administrative councils was exempted from punishment, thereby immunising public officials from liability for slandering colleagues. The law also included differing requirements for protecting public and private individuals. Courts were required to determine the truth of slanderous accusations against public officials, but where private citizens were the victims of slander the law directed magistrates to assess only the degree of offence contained in the slander, specifically forbidding investigation into the truth of the charges. The intention of the legislators was essentially to protect the personal privacy of the accused party.+
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The Law on the Freedom of the Press of 29 July 1881 (Loi sur la liberté de la presse du 29 juillet 1881), often called the Press Law of 1881, is a law that defines the freedoms and responsibilities of the media and publishers in France. It provides a legal framework for publications and regulates the display of advertisements on public roads. Although it has been amended several times since its enactment, it remains in force to the present day.

It is often regarded as the foundational legal statement on freedom of the press and freedom of speech in France, inspired by Article 11 of the Declaration of the Rights of Man and the Citizen of 26 August 1789. At the same time, the law imposes legal obligations on publishers and criminalises certain specific behaviours (called "press offences"), particularly concerning defamation.

A first restriction on the law of 1881 happened one year later in the law of August 2 1882 and the crime of "outrage aux bonnes mœurs par voie de presse, d'affiche ou d'écrit de toute nature." This law was made in order to curb the promulgation of erotic and pornographic literature signalled by the police.

See also




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