Press Freedom Act of the French Republic (1881, as amended 2014) (excerpts related to Hate Crimes) (English)
Press Freedom Act of 29 July 1881:
The criminal offence of incitement to discrimination, hatred or violence on account of origin or membership of a racial or religious group
Article 24 of the 1881 Act imposes criminal penalties on "those who, by one of the means set forth at Article 23*, incite hatred or violence against a person or group of persons on account of their origin or membership or non-membership of a given ethnic group, nation, race or religion, or his true or supposed sexual orientation or gender identity ". The purpose of the incitement must be to cause those to whom it is addressed to behave in a discriminatory way against the protected persons.
*ARTICLE 23
speeches, shouts or threats expressed in public places or meetings, or by written words, printed matter, drawings, engravings, paintings, emblems, pictures or any other written, spoken or pictorial aid, sold or distributed, offered for sale or displayed in public places or meetings, either by posters or notices displayed for public view, or by any means of electronic communication.
The criminal offence of defamation and public insult on account of origin or membership of a racial or religious group
Defamation is a criminal offence under Article 32 of the 1881 Act. It results from any allegation or imputation of specific facts which damage the honour or reputation of a given person or group of persons on account of their race, religion or membership of a nation or ethnic group, or his true or supposed sexual orientation or gender identity.
Public insult is covered by Article 33 of the 1881 Act. It constitutes the use of any term of contempt or any expression causing outrage. It is distinguished from defamation insofar as defamation supposes the allegation of a specific fact, the truth or falsehood of which may be proved without difficulty.
The offence of defamation or insult is established only if the allegations or expressions causing outrage have been made public by one of the means stipulated in the 1881 Act.
Non-public defamation or insult is punishable under Decree 2005-284 of 25 March 2005 when committed "against a person or a group of persons on account of their origin or their actual or supposed membership or non-membership of a given ethnic group, nation, race or religion, or his true or supposed sexual orientation or gender identity ".
Racist propaganda is a special category of offence
The 1881 Act defines offences governed by a specific set of procedural rules. Through the application of strict rules of procedure, the aim is to strike a balance between combating racist propaganda and safeguarding freedom of opinion and expression, enshrined in many international instruments.