insults, violence, discrimination… What sanctions for the perpetrators?

As the legislative elections approach, more and more racist comments and acts are being denounced.

“It’s as if the elections had freed up speech“. While the journalist Karim Rissouli published on social networks on Tuesday June 25 a racist letter received at his home, the journalist Mohamed Bouhafsi in turn shared the messages he received on social networks and a motorist threatened to kill and injured a bus driver in Val-de-Marne on Wednesday June 26, are we seeing uninhibited racism emerging within society?

Since the European elections which marked a new rise in power of the far-right party, the National Rally, before the dissolution of the National Assembly, testimonies from racialized people, in particular, have reported insults, even violence. Like this sequence ofCorrespondentwhere Divine Kinkela suffered racist insults from a couple of RN activists, in Montargis, in the Loiret. “You get out! We left public housing because of people like you! We do what we want. We’re at home. Go to the doghouse!”we can hear in particular in the sequence which has since been massively relayed on social networks.

The victim of these comments, Divine Kinkela, a caregiver, confides: “It’s as if the elections had freed up speech. It’s an open door to say to immigrants: ‘You are not welcome. You are not at home. We’re going to kick you out.” But what risk do the authors of these violent and hateful comments risk? franceinfo takes stock of the sanctions against the perpetrators of racism.

The official website of the French administration indicates precisely the definition of racism: “Exhibiting hatred towards a person because of their physical appearance or their national or ethnic origin.” It is also specified that anti-Semitism is a form of racism directed against Jews.

Whether it manifests itself through insulting, discriminatory or violent words or actions, racism is prohibited by law. Criminal sanctions are provided for against its perpetrators.

Thus, if racism is expressed through words or writings that aim to devalue a person’s physical appearance or national or ethnic origin, these are insults. When these insults harm the honor or reputation of a person and they are brought to the attention of the public, it is defamation.

On the internet, this content can be reported. Their removal can be requested from the person responsible for the distribution medium: the website, the discussion forum or the social network. Whatever the form of insults or defamation, victims can file a complaint with the police or gendarmerie. The limitation period is one year from the first day of publication or utterance of the remarks.

In the event of public insult or defamation, if the remarks were made in a public space, during a demonstration or a public debate, the author faces a penalty of one year’s imprisonment and 45 000 euros fine. If the insult or defamation is not public, the penalty incurred is a fine of 1,500 euros maximum.

Racist violence can also be physical or moral, in the case of harassment. It then manifests itself through insulting, violent or discriminatory words or actions in different areas of daily life.

It should be noted that physical violence and moral violence are punished in the same way. The severity of the sanctions depends on the extent of the injuries suffered by the victim. In the event of no lesion or injury, the perpetrator incurs a fine of 750 euros. In the event of total incapacity for work for more than eight days: three years’ imprisonment and a fine of 45,000 euros. Murder is punishable by up to 30 years in prison. Racist intent constitutes an aggravating circumstance which allows the judge to impose heavier sanctions.

Finally, racial discrimination consists of putting a person at a disadvantage because of their physical appearance or their national or ethnic origin. It manifests itself through insulting, violent or discriminatory words or actions. For example, eliminating a person during recruitment because of their skin color, nationality or origin constitutes racial discrimination.

If this discrimination is general, the perpetrator risks a sentence of up to three years in prison and a fine of 45,000 euros. In the event that the discrimination occurs in a public place or in an administration, if the perpetrator is a public official and committed the acts within the framework of his duties, the penalties can be up to 5 years in prison and 75,000 fine euros.