Criticized by some, acclaimed by others, the apology for terrorism is, particularly since the Hamas offensive against Israel on October 7, on everyone’s lips. This offense is also at the heart of the summons of the leader of the rebellious deputies, Mathilde Panot, heard this Tuesday, April 30 by the police. She was accompanied by the Franco-Palestinian activist, Rima Hassan, appearing in seventh position on the France Insoumise list for the European elections.
Their summons comes following comments related to the war between Israel and Hamas. In a press release, rebels established a link between the attack by the Islamist movement, described as “an armed offensive by Palestinian forces”, and “the intensification of the Israeli occupation policy” in the Palestinian territories.
Both are being prosecuted for advocating terrorism. A defined offense by the Ministry of Justice such as “presenting” or “commenting favorably on terrorist acts”. Just like insults or defamation, comments glorifying terrorism must be public (which includes social networks) to be repressed.
The penalty for apologia is five years’ imprisonment and a fine of 75,000 euros. The penalties are increased to seven years in prison and a fine of 100,000 euros when the acts were committed on the Internet.
348 investigations between October 7 and January 30
Integrated into the Penal Code in 2014 with the Cazeneuve law strengthening the provisions relating to the fight against terrorism, the apology of terrorism was until then a press offense. At the time, it was therefore the responsibility of chambers specialized in press law, with magistrates trained in the case law of the European Court of Human Rights.
From now on, this offense, which covers acts of very variable nature and seriousness, can be tried by any public prosecutor’s office in France, in an immediate appearance procedure following police custody.
“It is clear that following this development, the number of convictions for apologizing for acts of terrorism has increased significantly, the sentences imposed being moreover out of proportion to the sentences previously imposed in the context of the litigation of the press”, notes one Senate report from 2016.
Indeed, the same year, the commission of inquiry of the National Assembly reported only fourteen convictions between 1994 and 2014. According to Public Senate, between October 7 and January 30, 2024, the Chancellery recorded 348 investigations for advocating terrorism or anti-Semitic acts with public prosecutors. Over this same period, 278 investigations were opened by the national center for combating online hatred of the Paris prosecutor’s office.
An offense deemed contrary to freedom of expression
The Hamas attack appears to be a real springboard for this type of prosecution. Several associations such as the European Jewish Organization (EJO) – at the origin of the complaint against Mathilde Panot – or the French Jewish Youth (JFJ) are pleased to be at the initiative of numerous procedures. Among their targets are also the former candidate for the presidential election, Jean-Luc Mélenchon, the rebellious MP, Danièle Obono, and the spokesperson for the New Anticapitalist Party (NPA), Philippe Poutou.
Like these associations, public prosecutors and ordinary citizens have been able to report all illegal behavior and content online on the Pharos government platform since 2009, or to file a complaint.
Although it is easy to report and increasingly publicized, the offense of advocating terrorism is considered contrary to freedom of expression by certain NGOs. In his global annual reportpublished on April 24, Amnesty International deplores “an offense which is defined in an extremely vague and subjective manner” and calls for these offenses to be “repealed in the laws.”
France was also condemned for violating freedom of expression in June 2022 by the European Court of Human Rights (ECHR). According to her, the conviction for advocating terrorism of Jean-Marc Rouillan was “disproportionate”. The former member of the far-left armed group, Direct Action, was sentenced to eighteen months in prison, including eight months, for having described the Bataclan terrorists as “very courageous”. His sentence has since been overturned.
On the LFI side, this Tuesday, activists called for a rally near the Paris court and the premises of the judicial police, in the 17th arrondissement of the capital. “It is not possible for this offense of apologizing for terrorism to be used to prevent any historical perspective of an event,” insists Manuel Bompard, MP and coordinator of France Insoumis, to Public Senate. According to him, the summons of Mathilde Panot is part of a “desire to silence on the part of the political power in place”.