Back France: strengthening freedom of expression in the context of calls for a commercial boycott

The Committee of Ministers has ended its supervision of the execution of the ECHR judgment in the case of Baldassi and Others, concerning a disproportionate interference with freedom of expression, resulting from the  applicants’ criminal convictions for incitement to economic discrimination, due to the organisation of two non-violent actions, in a superstore, calling on customers to boycott products imported from Israel.

Following the judgment, the Cour de révision reopened the criminal proceedings, quashed the applicants' convictions and referred the case to the Court of Appeal of Paris. Moreover, since the facts, judges were reminded of the requirements concerning the reasoning of their decisions, and have already applied the principles of the Baldassi judgment to other cases on several occasions. Finally, the Ministry of Justice has raised awareness among all public prosecutors through a circular in October 2020, reminding them that subject to prosecution should be only the facts (through an in concreto examination) of a call to boycott representing a real call to hatred or discrimination and not mere political speech and action.


 Final resolution

 Country factsheet for France

Strasbourg 20 April 2023
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