According to the French Supreme Court, insults posted on
social networks are not statements made in public. The insulted party can
therefore not sue for defamation of character or public insult.
The case involved employees who posted insulting texts about
their employer on Facebook. They were fired and a lower court upheld the
dismissal arguing that the employees had publicly insulted their ex-employer.
The Supreme Court overturned the verdict, arguing that the
texts of the employees were only visible for friends. It was therefore part of
private communications. It reasoned that the statements could only be accessed
by persons that were authorized by the account holder, and therefore not be
read by the general public.
The verdict does not clarify what exactly the difference
between private and public communication is. Statements made on a Facebook-page
that can be accessed by the general public, can still be considered to be
private if the account holder has a “small circle” of friends.
The employees in question celebrated the verdict. The
penalty for public insults can reach Euro 12,000 per incident under French law,
while a non-public insult carries a fine of maximum Euro 38. Racist insults
made in public are punishable with a fine of up to Euro 45,000 plus prison
time.
In France, it will be harder for employers to fired
employees that post derogatory statements or insults about them on their Facebook-pages.
(Image courtesy of Tigerlily Flatform)
