What is the offense of glorifying terrorism that LFI wants to have repealed (and which is causing controversy)

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La France insoumise (LFI) has submitted to the National Assembly a bill aimed at repeal the offense of glorifying terrorismwhich according to LFI accentuated “the instrumentalization of the fight against terrorism” against “freedom of expression”, attracting strong criticism from the right and from the presidential camp.

Offense which represses “political activists, journalists”…

The text, tabled by the LFI deputy from the North Ugo Bernalicis and his LFI colleagues, wants remove this offense created by a 2014 lawconsidering that in this matter “the law of July 29, 1881 dealing with facts relating to the offenses of apologizing for crime, apologizing for a war crime, apologizing for a crime against humanity” is sufficient.

“Which democracy can still retain its name, when the methods of anti-terrorism are used to repress political activists, community activists, journalists or even trade unionists“, we can read in the explanatory memorandum.

The means of the fight against terrorism in France have regularly been diverted from their purpose by the Governments in place to repress freedom of expression.

What is the apology for terrorism?

“The apology of terrorism consists of presenting or commenting favorably either on terrorism in general or on terrorist acts already committed”, explains the site service-public.fr.

The government site cites the example of a person who wears a t-shirt displaying the inscription “born on September 11, I am a bomb” and who can be convicted of advocating terrorism).

Supporting the perpetrator of a terrorist act amounts to advocating terrorism. The same applies when a person shows equal consideration for the victims and perpetrators of terrorist acts.

Under the law, advocating terrorism is an offense. “This offense is constituted when the apology took place publicly. The author must speak in a public place or during a public meeting, by one of the following means:

• Speech, shouting or threats
• Writings, printed matter, drawings, engravings, paintings, emblems, images
• Any other written, spoken or image medium
• Placards or posters
• Any means of electronic communication.

For example, a person who justifies or glorifies the commission of an attack on a social network can be prosecuted for advocating terrorism.

What do we incur for such an act?

And it is an offense governed by the law reinforcing the provisions relating to the fight against terrorism was created on November 13, 2014. Article 421-2-5 provides that “the fact of directly provoking acts of terrorism or to publicly defend these acts is punishable by five years of imprisonment and a fine of 75,000 euros.”

“The penalties are increased to seven years of imprisonment and a fine of 100,000 euros when the acts were committed using an online public communication service,” we read in the Penal Code.

Members of LFI targeted by investigations for “apology of terrorism”

But for LFI deputies, this offense has no reason to exist. Ugo Bernalicis cites the case of CGT leader of the North Jean-Paul Delescaut, sentenced to a one-year suspended prison sentence at first instance – he appealed – for “apology of terrorism” via comments made in a leaflet supporting the Palestinians.

“The horrors of the illegal occupation have piled up. Since Saturday (October 7, 2023, date of the Hamas attack in Israel, Editor’s note) they have received the responses they provoked,” we could read in this leaflet.

The LFI MP also mentions his group president, Mathilde Panot, and LFI MEP Rima Hassan, who were questioned in April by the Parisian judicial police as part of investigations for “apology of terrorism”.

Mathilde Panot in particular was heard on the subject of the press release published by her group on October 7, 2023, in which the Hamas attack in Israel was described as “an armed offensive by Palestinian forces”, in a “context of intensification of the Israeli occupation policy” in the Palestinian territories.

Controversies

“It’s difficult to do more despicable,” the Minister of the Interior wrote on Bruno Retailleau, reacting to this proposal. “A proposed law of shame. One more infamy from the Rebels,” judged the president of the UDR group Éric Ciotti.

“A week after the commemorations of the attacks of November 13, LFI proposes to repeal the offense of glorifying terrorism. Socialists, how can you claim to govern with them? Cynicism has its limits,” said Macronist MP David Amiel, like several others in his group.

Faced with criticism, the Insoumis leader Jean-Luc Mélenchon denounced “a new attack against LFI coming from the extreme right and slavishly taken up by the media-political officialdom”. “Rather than making films, read the text of the bill,” he said.

With AFP

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