Resumen de France: Court of Cassation refuses to penalise use of concealed camera and infiltration by journalists
On 30 March 2016 the Court of Cassation delivered an interesting decision on the infiltration and use of a concealed camera by journalists for a television magazine programme. In its ‘Les Infiltrés’ magazine programme, the public-sector channel France 2 had broadcast an item entitled ‘À l’extrême droite du père’ (‘to the extreme right of the father’), produced by a journalist who had concealed his professional status and, using a hidden camera, had entered a number of “traditionalist” Roman Catholic establishments and associations, recording images and speech without the people concerned being aware that he was doing so. A number of complaints had been brought by these people on the grounds of invasion of privacy, production of a montage that violated the individuals’ image, and fraudulent methods of obtaining the material. The case was brought against the journalist who had produced the coverage, the chairman of the television channel, and the production company and its manager. The investigating judge had referred the case to the criminal court on the grounds of invasion of privacy, the use of words and images obtained thereby, and collusion, and stated that the other charges should be dismissed. The civil parties joined to the proceedings had appealed against the decision of partial dismissal. Since the Court of Appeal upheld the decision of the investigating judge, the applicant parties appealed to the Court of Cassation.
