Freedom of expression is particularly important for elected representatives of the people because they represent the electorate, draw attention to their preoccupations and defend their interests. Therefore, interferences with their freedom of expression should be kept to a minimal. This higher protection can be achieved by conferring parliamentary immunities to members of parliament because it ensures their independence and prevents any possibility of politically motivated criminal proceedings.
Immunities
According to the French Constitution, members of the Parliament (National Assembly and Senate) benefit from two kinds of immunities:
1. Irresponsibility
Members of the Parliament cannot be prosecuted for opinions expressed or votes cast in the performance of their duties, even after the end of their mandate. This irresponsibility is political, civil, and criminal but it covers only their activities in connection with their duties.
example Statements made during public sittings, votes, reports, or law proposals are considered to be in connection with their duties. On the contrary, statements made in public meetings, press articles, social media or television broadcasts are not protected as being made in connection with their duties.
2. Inviolability
For actions that are not in connection with their duties, they benefit from an inviolability. This means that, in criminal matters, members of Parliament can only be arrested or subjected to measures involving deprivation of liberty if is authorised by the “Bureau of the Assembly”. Such authorisation is not required in the case of a flagrant crime or misdemeanour, or in the case of a final conviction.
Special protections
The Law on the Freedom of the Press also grants members of Parliament a special protection of their freedom of expression. Three types of speech are protected:
- No legal action can be taken against speeches and statements made within the Parliament (National Assembly and Senate).
- No legal action can be taken against reports of the public meetings of the National Assembly and Senate that are published in good faith in newspapers.
- No action for defamation or insult can be brought against words spoken or written before an enquiry committee set up by the Parliament by the person required to give evidence.
Internal rules of the Parliament
Although Members of the Parliament enjoy certain special rights to protect their freedom of expression, they must respect the rules of conduct which are provided for in the internal rules of the National Assembly and Senate. If they do not respect these rules, they may be subject to disciplinary measures.
example Disciplinary measures may be taken against Members of the National Assembly who:
- engage in demonstrations that disturb the peace or who cause a tumultuous scene in the Assembly
- make personal attacks against, insult, provoke or threaten another colleague
- call for violence
- insult or provoke the Assembly or its President
- insult, provoke or threaten the President of the Republic, the Prime minister or the members of the Government