According to the 2024 world ranking established by Reporters Without Borders (RSF), the press freedom situation in France is “rather good”. However, vigilance is required, seven months after the arrest of journalist Ariane Lavrilleux. An attack on the freedom to inform came in the wake of others and favored by the Dati law which, too vague, offers the authorities an opening to repress journalists and their sources.
Journalism in France is not doing badly, according to RSF figures for the year 2024, revealed on May 3, World Press Freedom Day. By ranking 21e world ranking out of 180 countries, France signs its third best result, after its 11e and 19e places in 2002 (out of 139 countries) and 2004 (out of 167 countries).
RSF classifies France among the countries in a “rather good situation”. However, this classification does not reflect the complexity and paradoxes of the French case. Certainly, France has gained three places compared to 2023, but “ this progress is explained by a greater deterioration in other countries », Declares Pavol Szalai, RSF head for the European Union and the Balkans. “ France remains 14e out of 27 EU member states, which is not a very good place “, he adds, pointing out a “ mixed results » and even a score « which has slightly decreased “.
Illustration of this painting in halftone with the arrest of Ariane Lavrilleux few months ago ; on September 19, 2023, the independent journalist – who works among others with RFI – was placed in police custody for 39 hours and searched after a complaint from the Ministry of the Armed Forces. In question, his investigation for the investigative media Disclose in which she made revelations about the joint military operation between France and Egypt. The General Directorate of Internal Security (DGSI) arrested and questioned her for compromising national defense secrets and revealing information that could lead to the identification of a protected agent. “ A very serious and obvious attack on freedom of the press “, she tells us.
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Right to information against reason of state
Seven months later, the journalist resumed her activity, but the case is not closed. She was not indicted. “ But I can be at any time. Tomorrow, in a year, in 15 years… As long as the investigation is in progress, I can be summoned for indictment », Announces Ariane Lavrilleux, who denounces a “ desire to scare “, a ” desire to keep me under pressure by not giving me any news ” and a threat hovering over her and Disclose, ” perhaps to prevent us from continuing to work “.
The Lavrilleux-Disclose case opposed two major concepts: on the one hand, the right to information, and on the other, what can be described as reasons of state. Freedom of the press in the face of France’s best interests. To justify the arrest of the journalist and the interrogation intended to force her to reveal her sources, the authorities highlighted the security of French interests and defense secrecy. An argument that Ariane Lavrilleux rejects:
“ When national defense secrecy is used wrongly, illegitimately, to hide crimes or the complicity of the French State in crimes of foreign powers and dictatorships, it is in the public interest. It is in the general interest and it is the citizens’ right to information to know what is happening in their name. National defense secrecy cannot be used to disguise or hide crimes, and prevent the State from improving and democracy from living fully. »
The investigative journalist, who asserted her right to silence during her interrogation in Marseille, provides details on her investigative work. She believes she has never endangered anyone’s safety. “ When we receive information, we must judge what is of general interest and what is not. For example, in the documents received at Disclose, there were names of Egyptian soldiers and French army employees that were removed. It was felt that it was not useful to publish them. The exact location of a military base has also not been revealed. This is defense secret information that was removed because it did not provide something fundamental to the general interest. “, she explains.
The legal loophole that “ offers a boulevard » tracking down sources
In France, freedom of the press is guaranteed by the law of July 29, 1881. Article 2 establishes the secrecy of sources. However, Ariane Lavrilleux, and other journalists before her, have been worried by the authorities on this subject in recent years. Insecurity linked to a legislative paradox, with the introduction of a revision dated January 4, 2010 : the “Dati law”, one provision of which is causing trouble.
Word for word, Article 2 states: “ The secrecy of sources may only be directly or indirectly undermined if an overriding imperative of public interest justifies it.. » It’s this “ overriding imperative of public interest » which poses a problem. Pavol Szalai, from RSF, speaks of a “ very vague notion which allows investigators to abuse their power “. Ariane Lavrilleux, she deplores a “ extremely dangerous law (…) which offers a boulevard to the police authorities to undermine and eliminate the protection of sources “.
The imbroglio is based on the very principle of “ overriding imperative of public interest “. This is in no way defined. It has neither framework nor precise characterization, thus leaving complete latitude to the French authorities; the latter can decide alone what represents a risk to their interests and justifies attacks on press freedom and the protection of sources. Ariane Lavrilleux observed this: if she denounces the merits of the legal attack against her, “ legally, they (the DGSI agents) do everything within their rights “.
The amendment to the law in 2010 was intended to strengthen the protection of journalists and their sources. But on the contrary, as Mr Benoît Huet, lawyer at the Paris bar, points out, the “overriding imperative of public interest”, “ extremely vague sentence “, added ” an exception that created a huge regression “. “ At any time, journalists expose themselves to having their sources violated. And it’s serious », he notes.
Ways to reverse a worrying trend in France
While press freedom is celebrated on May 3, Ariane Lavrilleux is concerned about its deterioration in France. The proceedings against him “ a little opened our eyes to the scale of the attacks that the State and the judicial authorities allow themselves “. “ It woke me up a little (laughs). Although I was vaguely aware of it, I think I didn’t realize how numerous and expanding the attacks were. I speak to a number of journalists abroad who are absolutely devastated, worried about what is happening in France “, she blurted.
Pavol Szalai recalls that RSF “ requires deletion » of the notion of “overriding imperative” in the law and “ its replacement by a more restricted and precise provision, which will better protect the confidentiality of sources, the cornerstone of press freedom “. The authorization of the judge of freedoms and detention should also be required in the event of a request from the authorities. This safeguard would therefore not leave them alone to assess what is or is not in the best interests of France.
“Also, recently, Europe has new legislation on media freedom. RSF worked hard to ensure that the article on the protection of sources and on surveillance was as protective as possible of the rights of journalists. And we won our case, since this reference to national security, which had been slipped in by the States, first and foremost France, was finally taken out. It is an additional framework, a binding law which will better protect the confidentiality of sources and which will come into force soon. », continues Pavol Szalai.
Ariane Lavrilleux calls for “ reform the law » from 2010 which “gives full powers to the judicial authorities » and also draws attention to theFrench Observatory of Attacks on Press Freedom (Ofalp), which was created in November 2023. This association, to which journalists and citizens can join, has the mission of “ count all attacks on the press, to objectify this diffuse feeling that the right to information is increasingly threatened in France “. The idea is to collect enough concrete elements to “start a debate in France, even a power struggle with the government, to ask to change their methods towards the press, to change the laws which facilitate and encourage attacks against journalists “.