The Spiil took note of the judgment rendered by a French commercial court concerning the referral of the Altice group against the media Reflets.info. The judgment prohibits Reflets.info from continuing to publish investigative articles concerning Altice because of a risk of “imminent damage” posed by the dissemination of new information, which could compromise the protection of trade secrets. The commercial court does not rule on the merits of the infringement of freedom of expression raised by Altice’s complaint.
The decision of the commercial court establishes de facto censorship by prohibiting a press publisher from issuing new articles. This situation only confirms the fears expressed by the Spiil since 2018 concerning the fact that the law on the protection of trade secrets allows companies to prohibit media from publishing information on the basis of commercial law.
The Spiil again asks the legislator to ensure that the right to inform and the freedom of the press take precedence over the protection of trade secrets. The French law of July 29, 1881 on the freedom of the press regulates the responsibility of press publishers. It enables the necessary guarantees to allow the judge to properly assess the value of general interest of the information that is revealed. It is important to remember that the transparency provided by the dissemination of information allows stakeholders to make informed decisions.
Faced with the proliferation of attacks in France on the freedom of the press in recent years, whether it be the law on the protection of trade secrets or the law confirming the principles of the Republic, the Spiil calls for the recognition of the freedom of the press as a principle in the French Constitution and for reinforced safeguards at the European level.
About the Spiil : The Syndicate of independent online news media (Spiil) is the French trade association for independent news publishers. The Spiil currently gathers 260 press companies publishing more than 320 press titles. The Spiil advocates for a fair and sustainable economic ecosystem for press publishers that supports innovation and pluralism. The Spiil is committed to work in favor of the public interest and the development of quality press.
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