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No, France is Not Banning Citizen Journalism
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by Ahmadsherif | March 8, 2007 at 09:45 am
943 views | 15 Recommendations | 5 comments
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I'm updating this piece after exchanging thoughts with my Egyptian blogger friend A.. He convinced me about an issue I hadn't mentioned in my article. This issue is about the possible "generalization effect" of such a law, and its possible distortions by other coercitive governments, like Egypt for example. I told A. how, indeed, I could imagine President Mubarak, quoting this French Law (still in progress) to justify the jailing of *real* citizen journalists, which -- I must insist-- Happy Slappers are not (read below).
Forgive me if I trust the French so much in their ability to protect their freedom of speech. I told A. that, since this law was still a project, we should give the French a chance to correct it, and limit it to the punishment of sadist practices in French schools.
In a Happy Slapping, I do not believe the "filmer" and the "slapper" should be considered as two different entities. They are both part of one same action and one-handed intention. And the filmer is not -- again-- a citizen journalist.
What the French law doesn't say, yet -- and I believe that is were it fails to be accurate -- is: what would be the position of someone "filming the filmer" and the slapper? I suppose all of you got that ages ago, and it's just be me being very slow.
But there is another issue that comes to my mind, directly related to this entire situation. I will share it with you in a piece called: The World Unlimited. It will address the tremendous global effect of very local events -- such as this French Law, such as the Danish caricatures, such as the Pope's speech in a local University etc.
Below is my initial article:
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I'm afraid this French Law is being totally misunderstood by the Web community in the US and elsewhere. I just gathered new information. I'm sending you links to two articles so you can see for yourselves here or here. In these articles (and others I researched) the French clearly state that this Law (which is still a project) will only concern a new (and sinister) game that is spreading in French suburban schools. This game is called: "Happy Slapping" (this is not a translation, it's the genuine name).
The rules of "Happy Slapping" are:
1- You corner a teaching professor
2- You beat him/her up
3- You film him/her with your cell phone
4- You send the video to your friends and have lots of fun
These techniques do not remind me, in anyway, of the Rodney King case. Nor of Citizen Journalism.
This law has nothing to do with "forbidding" the reporting, by citizen journalists who use video cameras and cell phones.
The French have clearly limited this law, and its application, to a very precise type of action: students
beating-up professors.
This law aims at punishing the slappers and their accomplices, the video-makers, because what the two are doing together is definitely not citizen journalism. It's... Happy Slapping.
Cheers
Ahmad Sherif / ahmadsherif
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Most RecentMost Recommended Comments (5)
at 10:34 on March 8th, 2007
Ahmadsherif I am flagging this as Good Stuff, but I still have some questions.
1. Is there an English translation of the bill in question?
2. Have you found competent legal opinion that shows this law has been well-written - so that it cannot be misinterpreted by the courts?
3. What do French human rights organizations say?
Your clarifications are a big help, btw. And because I had posted the original article, I will re-edit it with a link to this article.
at 10:55 on March 8th, 2007
Hey, thanks. I didn't stumble upon an English translation. I read the French description of the law, in "Legalis" which showed up in a google search with keywords "loi, violence, happy slapping". This law is not a law yet, it's still being discussed and will narrow down to something precise I hope. I'll keep my eyes open and update my article. Regarding Legal opinion, you're right. I'll have a lawyer confirm my analysis. Regarding Human rights organizations: to my knowledge no "authority" has yet released an official statement. Will be watching that too. cheers, Ahmad.
at 16:37 on March 9th, 2007
Great work, Ahmad, thank you for being on top of this.
at 16:47 on March 9th, 2007
I'll get back to it asap, I promise. The painful topic right now is the situation in Egypt... Yours, A7mad.
at 02:00 on March 12th, 2007
i'm french, and as i said in the last article here
the "happy(that's no fun) slapping" isn't only concerned by this "law" (i'll watch for real information... ), violence is in its heart !
the odebi league is reporting some misunderstood around the world. And that's really crazy how the words around are forgotten to make some french critics: here in Iran :"critics maintain that the new law focuses more
on protecting the police in cases of police brutality rather than on
the safety of citizens." read how the article changes all over the world...
We are on electing a new president, all that problems are used by the candidates for them, or against the last governement ...sometime some rare, but very violent incidents must be considered as storming imitative violences ...remember, in the suburbs...the simple fact of the first diffusion of the burned cars has started the begining of everywhere mass incidents.
This information, the mediatisation of wrong (or mistaken) words is a real matter ! That's why french language is normally strictly precise, more in laws, and sometimes, helas, some words don't mean the same in law/technical contexts ! I hope the translators will work more precisally, (than i do)...to explain, this is some beginning of a desinfomation !
some time to read some articles in french... but the phenomenon seems to begin by french opposant to the UMP/sarkozy/google/ system which appears to be a protective one for any illegal movement from the police: i remind that the minister of interior (controlling the police too and immigration and...security of France), is the leader candidate for the french election (!)...and that is a real fact, really scaring cause of his pragmatism for the ultra-liberalism and control of the citizens ! (" those who do nothing, will have nothing !", (in a public speech), has been the beginning of my anti-Sarko opinion...he works on the election inside the governement, he has some power to make dangerous laws...and dangerous anti-democratic acts...he is a sort of sherif or has said, The Cleaner...
here in agoravox a space controlled and censured by "elite" citizens ...not all articles are authorized...but some are...
here a collectif against police violences...
i give you the "translation" of an older law on the relative diffusion of violences...:
The higher Council of audio-visual takes care of the adolesce and child welfareNCE and with the respect of the dignity of the person in the programs placed at the disposal of the public prear a service of audio-visual communication. It takes care that likely programs to harm physical blooming, mental or moral of the minors are not put at disposition of the public by a sound service of broadcasting and television, except when it E2C that minors are normally not likely to see them or to hear them. When programs likely to harm physical blooming, mental or moral of the mineurs is placed at the disposal of the public by services of television, the council takes care of it that they are preceded by a warning to the public and that they are identified by L7aucun program likely to harm physical blooming seriously, mental or moral minors is not placed at the disposal of the public by the services of sound broadcasting and Télévision. It finally takes care that the programs of the services of sound broadcasting and of television do not contain any incentive with hatred or violence for raisoNS of race, of sex, manners, of religion or nationality.
yes diffusing some violence on TV is extremally dangerous for all ! Not enough conscious of all the implications of those kind of subjects of diffusion, for any young public or any "adults" could be (in my opinion) as presenting the "how to" for exercizing violences... (remember too, the doc exeplaining how to open cars doors...which has permit some to do it !)...the subject is highly hot and can fall down against freedom or for politics strikes nor humiliation of someone...
the fact is that the film has been done in some contexts, and the judges are in their conscience the only experts for determining what's wrong from what's an act of violence or not helping the victim also... filming a kicking but not coming to help could be sometimes, cowardness and stupid act...
filming both the author of the agression and the one who is participating in the violence by filming, is an act of witness: judge won't be tricked in that ! honesty exists too.