What is the risk of contempt?
Verified 01 October 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Contempt of an officer is an act that undermines the dignity or respect due to the office of a public officer. In order for contempt to occur, the act must be committed while the officer is on duty, or in connection with the officer's duties. This is a infringement punished by law. Penalties take into account the circumstances of the offense. They are different for contempt of an official carrying out a public service mission and for contempt of a public official.
A public-service official is a person entrusted by the public authorities with the management of a public policy. Examples: SNCF controller, fire brigade, bus driver, teacher.
The depositary agent of the public authority is a public agent who, by virtue of his function, has the power of sanction and/or constraint. Examples: policeman, gendarme, judge.
Agent with a public service mission
Contempt of a public official is an act committed against a person entrusted with a public service mission, in connection with his tasks, which is detrimental to the dignity or respect due to his function.
The officials concerned are officials with a public service mission or depositaries of public authority.
The wrongdoing must violate the dignity or respect due to the officer's function.
Example :
- Verbal insults
- Sending objects or insult letters
- Verbal or written threats
- Insulting or threatening acts (physical violence is not punished as contempt, but as assault and battery)
The insulting comments or acts may have been committed in private (insulting letter, comments made during a check...) or in public (during a meeting). When they occur in public, these acts constitute a public insult (publications on a social network, in the press...).
The facts must relate to the performance of the duties of the officer. If it was outside of that professional context, it's not contempt of the officer. For example, insults to a police officer in the family setting, while off duty, do not constitute an insult to an officer.
Contempt of a public official shall be directed against persons who carry out a public service mission in the performance of their duties.
A person entrusted with a public service mission shall be any person entrusted by the public authorities with the management of a policy which falls within their prerogatives:
- Bus driver
- Factor
- Controller of SNCF
- Teacher
If you wish to have content removed from the internet, you can make a request to the author of the content, then to the host of the site and finally to the court.
The procedure varies depending on whether it is a post or a comment on a post.
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For a publication
You must first contact the author of the content, who is the responsible of the website.
If the site manager refuses to remove the content, you must contact its host. The contact details of the host must be indicated on the website in question.
Many hosts, such as video sites, set their own terms for removing content, including because of copyright infringement or offensive images. For this purpose, they have specific signaling devices.
If the host does not remove the reported content according to its own procedure, you can make a report to it in a legal framework. This will allow you to go to court afterwards.
To report content to a host in a legal context, you must follow a very specific procedure.
Your application must include the following elements:
- Your name, first name and e-mail address (this is not necessary if you are logged on to the site at the time of notification and your credentials are already registered)
- Description of the disputed content, its precise location on the site and, if possible, the e-mail addresses that made it accessible
- Legal grounds for removing the content (law apparently violated by the content)
- Copy of 1era request for withdrawal addressed to the author or proof of impossibility to contact him (it is not necessary for infringements the most serious, such as terrorism, pedophilia and crimes against humanity)
You must make your request by registered letter with acknowledgement of receipt. You can ask a lawyer for help.
Who shall I contact
You can attach screenshots of the contents made by a commissioner of justice (former bailiff and judicial auctioneer).
Who shall I contact
If you report content knowingly knowing it is not illegal, you could face up to 1 year in prison and €15,000 of fine.
If you have used this procedure and the host does not promptly remove the content (by explicit refusal or by not responding to you), you can complain against him.
The complaint will be based on the fact that the offending content is contrary to the law (insults, racist, homophobic, sexist...).
FYI
in cases of urgency and obvious harm, you can to request an application for interim measures to have content removed by the host. However, the latter will not be penalized.
For a comment
You must contact the person responsible for the website or social network on which the comment is located.
If the site or social network manager refuses to withdraw the comment, you must contact their host. The contact details of the host must be indicated on the website in question.
Many hosts, such as video sites, set their own terms for removing content, including because of copyright infringement or offensive images. For this purpose, they have specific signaling devices.
If the host does not withdraw the comment reported according to its procedure, you can make a report by registered letter with acknowledgement of receipt. You can ask a lawyer for help.
Who shall I contact
You can attach screenshots of the contents made by a commissioner of justice (former bailiff and judicial auctioneer).
Who shall I contact
Your request for withdrawal must be as precise as possible: offenses concerned, link to the comment in question, ...
If the site manager does not delete the comment quickly, you can complain against him for the offense in question.
FYI
in cases of urgency and obvious harm, you can to request an application for interim measures to have a comment removed.
Anyone can report illegal content (website, video...) on the internet to the police and gendarmerie services.
Report illegal internet content (internet-reporting: Pharos)
A public officer in contempt may file a simple complaint or a civil party claim like any victim. It may also refer the matter to the court via a direct quotation and request that the offender be ordered to pay damages.
The prosecutor may also decide on his own to prosecute the offender.
Police and gendarmes can benefit from the functional protection like any public official. However, the police or gendarmerie directorate cannot file a complaint on behalf of the officer who has been victimized.
On the spot
You must go to a police station or a gendarme brigade of your choice.
You may not be refused the receipt of the complaint.
The complaint is then forwarded to the public prosecutor by the police or gendarmerie.
By mail
You can file a complaint with the public prosecutor.
We need to send a free-form letter the court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter should specify the following:
- Your marital status and full contact information (address and telephone number)
- Detailed account of the facts, date and place of the offense
- Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
- Names and addresses of any witnesses to the offense
- Description and provisional or definitive estimate of the damage
- Evidence: medical certificates, work stoppages, miscellaneous invoices, findings ...
- Willingness to take civil action
File a complaint with the public prosecutor
Who shall I contact
You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.
You can also file your complaint directly at the courthouse.
In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.
The court must determine whether or not the facts were actually committed by the accused person.
The fact that the victim is a police officer, a gendarme or a public official sworn gives credibility to his statements, if there is no other evidence to the contrary. But the accused person can produce evidence that exonerates him: testimonies, photos, audio or video recordings... The court will make its decision freely after confronting the various pieces of evidence.
Sentences vary depending on several factors:
- Quality of the officer subject to the contempt
- Place where he was committed
- Number of authors involved
Contempt in respect of a staff member with a public service mission shall be punished by:
- €7,500 fine if committed by a single person
- 6 months imprisonment and €7,500 a fine if it is imposed on an agent of a business operating the public passenger transport network
- 6 months imprisonment and €7,500 fine if committed by more than one person
- 6 months imprisonment and €7,500 fines if committed in a school setting
Depositary agent of the public authority
Contempt of a public official is an act committed against a person entrusted with a public service mission, in connection with his tasks, which is detrimental to the dignity or respect due to his function.
The officials concerned are officials with a public service mission or depositaries of public authority.
The wrongdoing must violate the dignity or respect due to the officer's function.
Example :
- Verbal insults
- Sending objects or insult letters
- Verbal or written threats
- Insulting or threatening gestures (physical violence is not punished as contempt but as assault and battery)
The insulting comments or acts may have been committed in private (insulting letter, comments made during a check...) or in public (during a meeting). When they occur in public, these acts constitute a public insult (publications on a social network, in the press...).
The facts must relate to the performance of the duties of the officer. If it was outside of that professional context, it's not contempt of the officer. For example, insults to a police officer in the family setting, while off duty, do not constitute an insult to an officer.
A public authority custodian is any person who has received a power of sanction and/or coercion from the public authorities:
- Municipal or national police officer
- Street watchdog
- Constable
- Military
- Magistrate
- Customs Officer
- Prison Service Officer (prison guard)
- Inspector of Public Finance
- Labor Inspector
- Agents at the administrative counter
- Professional firefighter and volunteer firefighter
If you wish to have content removed from the internet, you can make a request to the author of the content, then to the host of the site and finally to the court.
The procedure varies depending on whether it is a post or a comment on a post.
Répondez aux questions successives et les réponses s’afficheront automatiquement
For a publication
You must first contact the author of the content, who is the responsible of the website.
If the site manager refuses to remove the content, you must contact its host. The contact details of the host must be indicated on the website in question.
Many hosts, such as video sites, set their own terms for removing content, including because of copyright infringement or offensive images. For this purpose, they have specific signaling devices.
If the host does not remove the reported content according to its own procedure, you can make a report to it in a legal framework. This will allow you to go to court afterwards.
To report content to a host in a legal context, you must follow a very specific procedure.
Your application must include the following elements:
- Your name, first name and e-mail address (this is not necessary if you are logged on to the site at the time of notification and your credentials are already registered)
- Description of the disputed content, its precise location on the site and, if possible, the e-mail addresses that made it accessible
- Legal grounds for removing the content (law apparently violated by the content)
- Copy of 1era request for withdrawal addressed to the author or proof of impossibility to contact him (it is not necessary for infringements the most serious, such as terrorism, pedophilia and crimes against humanity)
You must make your request by registered letter with acknowledgement of receipt. You can ask a lawyer for help.
Who shall I contact
You can attach screenshots of the contents made by a commissioner of justice (former bailiff and judicial auctioneer).
Who shall I contact
If you report content knowingly knowing it is not illegal, you could face up to 1 year in prison and €15,000 of fine.
If you have used this procedure and the host does not promptly remove the content (by explicit refusal or by not responding to you), you can complain against him.
The complaint will be based on the fact that the offending content is contrary to the law (insults, racist, homophobic, sexist...).
FYI
in cases of urgency and obvious harm, you can to request an application for interim measures to have content removed by the host. However, the latter will not be penalized.
For a comment
You must contact the person responsible for the website or social network on which the comment is located.
If the site or social network manager refuses to withdraw the comment, you must contact their host. The contact details of the host must be indicated on the website in question.
Many hosts, such as video sites, set their own terms for removing content, including because of copyright infringement or offensive images. For this purpose, they have specific signaling devices.
If the host does not withdraw the comment reported according to its procedure, you can make a report by registered letter with acknowledgement of receipt. You can ask a lawyer for help.
Who shall I contact
You can attach screenshots of the contents made by a commissioner of justice (former bailiff and judicial auctioneer).
Who shall I contact
Your request for withdrawal must be as precise as possible: offenses concerned, link to the comment in question, ...
If the site manager does not delete the comment quickly, you can complain against him for the offense in question.
FYI
in cases of urgency and obvious harm, you can to request an application for interim measures to have a comment removed.
Anyone can report illegal content (website, video...) on the internet to the police and gendarmerie services.
Report illegal internet content (internet-reporting: Pharos)
A public officer in contempt may file a simple complaint or a civil party claim like any victim. It may also refer the matter to the court via a direct quotation and request that the offender be ordered to pay damages.
The prosecutor may also decide on his own to prosecute the offender.
Police and gendarmes can benefit from the functional protection like any public official. However, the police or gendarmerie directorate cannot file a complaint on behalf of the officer who has been victimized.
On the spot
You must go to a police station or a gendarme brigade of your choice.
You may not be refused the receipt of the complaint.
The complaint is then forwarded to the public prosecutor by the police or gendarmerie.
By mail
You can file a complaint with the public prosecutor.
We need to send a free-form letter the court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter should specify the following:
- Your marital status and full contact information (address and telephone number)
- Detailed account of the facts, date and place of the offense
- Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
- Names and addresses of any witnesses to the offense
- Description and provisional or definitive estimate of the damage
- Evidence: medical certificates, work stoppages, miscellaneous invoices, findings ...
- Willingness to take civil action
File a complaint with the public prosecutor
Who shall I contact
You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.
You can also file your complaint directly at the courthouse.
In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.
The court must determine whether or not the facts were actually committed by the accused person.
The fact that the victim is a police officer, a gendarme or a public official sworn gives credibility to his statements, if there is no other evidence to the contrary. But the accused person can produce evidence that exonerates him: testimonies, photos, audio or video recordings... The court will make its decision freely after confronting the various pieces of evidence.
Sentences vary depending on several factors:
- Quality of the officer subject to the contempt
- Place where he was committed
- Number of authors involved
Contempt in respect of a depositary agent of public authority shall be punished by:
- 1 year imprisonment and €15,000 fine if committed by a single person
- 2 years imprisonment and €30,000 fine if committed by more than one person
Penalties for contempt of office