How to complain if you believe that your freedom of expression has been unlawfully restricted?
Any measures or sanctions that restrict your freedom of expression must only be taken if they are:
- provided in law
- necessary to achieve a legitimate aim: the protection of the private life of others
- proportional to that aim
If the court or other law enforcement institution has issued restrictions on your freedom of expression which are not based on one of the criteria mentioned above, you have several ways to protect your rights:
Appeal
The unlawful restriction of your freedom of expression may also be related to the court’s mistake in applying the law. For example, in restricting your freedom of expression, the court may fail to assess and take into account the public interest in the information you have made public. In such cases, you may appeal the decision of the court of first instance to a higher court. If the higher court dismisses your appeal, you may submit a complaint to the Court of Cassation, the decision of which is final. If your complaint has been dismissed by the Court of Cassation, you may submit a complaint to the European Court of Human Rights if you fulfill the conditions.
Constitutional complaint
If the restriction of your freedom of expression is based on law, but you consider that the law itself is contrary to the freedom of expression guaranteed by the Constitution of the French Republic, you may submit a complaint to the Constitutional Council known as the priority question of constitutionality (QPC).
This procedure is possible only if you are already involved in an ongoing legal proceeding before a court. You cannot complain directly to the Constitutional Council, you must submit your complaint to the court in charge of the ongoing legal proceeding. If this court finds your application admissible, it will forward it to the supreme court of its order (Court of cassation or Council of State). The supreme court will then send your complaint to the Constitutional Council if it is admissible. In your complaint you can request the Court to affirm that the challenged legal norm is unconstitutional.
- If the Constitutional Council initiates proceedings, the trial in your case is halted until the ruling of the Constitutional Court.
- If the Constitutional Court rules that the law violated your freedom of expression, this law will be abrogated. However, sometimes the abrogation may be postponed by the Council, which means that the law can still produce effect on the current case. You may also submit a civil claim to a court of general jurisdiction requesting compensation from the State for your prejudice.
- If the Constitutional Council confirms that the challenged legal norm does not violate your freedom of expression, you may submit a complaint to the European Court of Human Rights.