Incitement to hatred, violence or discrimination

Verified 21 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Are you a victim of or witness to a writing or speech that incites others to have a hateful or violent reaction? It is an incitement to hatred, violence or discrimination. If such comments or content are made or displayed in public, the incitement shall be public. If they take place in a restricted or private space, the incentive is non-public. As a victim of this infringementYes, you can file a complaint. We present you with the information you need to know.

Public Incentive

Incentives public hatred, violence or discrimination is a offense.

The perpetrator, in writing, in an image, in a video, etc., incites some people to have a malicious and hateful reaction against other individuals or groups of individuals because of characteristics such as:

  • Nationality
  • Religion
  • Ethnicity
  • Sex
  • Sexual orientation
  • Disability

Incitement to hatred, violence or discrimination shall be constituted if the perpetrator uses one of the following means:

  • Speech
  • Threats
  • Writings, engravings, paintings
  • Images, posters
  • Videos

The incentive is public when the comments or content can be seen, read or heard by the public (for example, on a social network).

Warning  

Incitement to hatred, violence or discrimination must not be confused with insult or the defamation.

For example, if a person insults a political opponent with “plague,” that is a insult. If she declares that her opponent is a "justice taker," this is a defamation. If she portrays her opponent's religion in a very negative light, it is a incitement to hatred, violence or discrimination.

Any person, victim or witness of internet publication inciting hatred, violence or discrimination may report to the police or gendarmerie since PHAROS: titleContent. This platform is open to both adults and minors.

Report illegal internet content (internet-reporting: Pharos)

FYI  

PHAROS: titleContent does not deal with urgent cases. In case of emergency (example: infringement in progress), you can contact the police or gendarmerie on the 17th the Samu at 15 or the fire brigade at 18.

If PHAROS teams believe that the content is unlawful, the report is forwarded to the competent authorities (e.g. investigation services of the National Police or the National Gendarmerie). An investigation may be conducted under the authority of the public prosecutor.

In addition, police and gendarmes can contact the host site or platform and to request the State party to remove content that incites hatred, violence or discrimination.

If you are a victim or witness to content that incites hatred, violence or discrimination, you can apply to opt out. To do this, you must report:

  • TO the host, for any content published on the internet
  • At publishing director, if it is message sent by a user to aonline communication service (for example, a comment left under a video posted on a social network)

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Any publication

The hosts must put in place reporting mechanisms to alert them to the publication of illegal content on a website or a online platform (example: social networks).

This device must be visible and accessible to all. It allows you to enter:

  • Your contact details (name, first name, email address, etc.)
  • The reasons why you believe the content incites hatred, violence or discrimination
  • The precise location of the reported content (e.g. URL).

Following this report, the host is obliged to remove the content unlawful or block access to it. If he doesn't act very quickly, he faces criminal sanctions.

Please note

Some hosts have their own reporting mechanisms. This is the case for social networks such as X (formerly Twitter),Facebook,Instagram, Snapchat, TikTok,.

A comment

If you are a victim of or witness to a comment left on the internet that incites hatred, violence or discrimination, you can report it to the publishing director site.

The request must be addressed to the Publisher of the online communication service by registered letter with acknowledgement of receipt. It must mention:

  • The content you denounce (example: you can copy/paste the relevant text)
  • The Internet address (URL) of the online communication service on which the publication was made.

As soon as he knows the character unlawful the editor must immediately have the comment removed. If it does not do so, it could face criminal sanctions.

If you are a victim of publication inciting hatred, violence or discrimination, you can take legal action against the perpetrator.

If you asked the host of a website or online platform to remove such content and that it has not done so, you can also engage its criminal responsibility.

If you have reported a online comment inciting hatred, violence and discrimination and that it has not been removed, you can take legal action against the publishing director.

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Illicit publication

Action against the author

Whether a publication incites hatred, violence or discrimination directly affects you, you can file a complaint against the author of this content.

The deadline for filing a complaint is 3 months from the fact-finding commission.

Your complaint must be filed with a police station, a gendarmerie brigade or by writing to the public prosecutor.

Who shall I contact
Who shall I contact

It is possible to request the assistance of a lawyer. This professional will accompany you from the filing of the complaint until the possible judgment of the author of this infringement.

Who shall I contact

Your complaint results in a police investigation that may lead to the judgment of the perpetrator by the correctional court.

If you have party to civil proceedings, you can also request damages to the offender.

Please note

An association which has been registered for more than five years and which intends to combat racism or assist victims of discrimination on grounds of national, ethnic, racial or religious origin may also to bring a civil action in your place, with your consent.

Action against the hosting provider

If the web host has not removed content unlawful that directly affects youYes, you can file a complaint against him.

The deadline for filing a complaint is 3 months from the fact-finding commission.

Your complaint must be filed with a police station, a gendarmerie brigade or by writing to the public prosecutor.

Who shall I contact

It is possible to request the assistance of a lawyer. This professional will accompany you from the filing of the complaint until the possible judgment of the host.

Who shall I contact

Your complaint results in a police investigation that may result in the hosting provider being convicted by thecorrectional court.

If you have party to civil proceedings, you can also request damages to the host.

Please note

An association which has been registered for more than five years and which intends to combat racism or assist victims of discrimination on grounds of national, ethnic, racial or religious origin may also to bring a civil action in your place, with your consent.

Online Comment

If the Publisher has not removed a comment unlawful that directly affects youYes, you can file a complaint against him.

The deadline for filing a complaint is 3 months from the fact-finding commission.

Your complaint must be filed with a police station, a gendarmerie brigade or by writing to the public prosecutor.

Who shall I contact

It is possible to request the assistance of a lawyer. This professional will accompany you from the filing of the complaint until the possible judgment of the Publisher.

Who shall I contact

Your complaint results in a police investigation that may result in the Director's conviction by the correctional court.

If the editor is criminally liable, the author of the comment may also be convicted as accomplice.

If you have party to civil proceedings, you can also request damages the editor and the proponent.

Please note

An association which has been registered for more than five years and which intends to combat racism or assist victims of discrimination on grounds of national, ethnic, racial or religious origin may also to bring a civil action in your place, with your consent.

The perpetrator of incitement to hatred, violence or discrimination may be tried and sentenced to criminal punishment by the correctional court. The same is true of the host or the publishing director who fail to meet their obligations.

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Penalties incurred by the author

The perpetrator of a provocation to hatred, violence or discrimination is subject to criminal sanctions which differ according to his status: private individual, person in charge of public authority (e.g. police officer) or public service mission (e.g. bus driver).

Penalties incurred by an individual
Principal penalty

The perpetrator of incitement to hatred, violence or discrimination shall be liable to:

  • 1 year in prison
  • €45,000 of fine.

Please note

If it is proven that a crime or a offense was committed because of incitement to hatred, violence or discrimination, the provocateur is considered to be the accomplice the criminal or the offender. Thus, the instigator and the perpetrator of the crime risk the same penalties.

Additional penalties

The perpetrator may also be sentenced to additional penalties such as banishment of online platforms.

This punishment consists in banning him from the online platform from which he committed the crimeThe offense. As soon as they are informed of this conviction, the providers of the online service concerned must block the author's accounts and ensure that he cannot create new ones.

This banishment shall be valid for a maximum of 6 months. This period may be extended to one year in case of recurrence.

Penalties incurred by a public official
Principal penalties

The perpetrator of incitement to hatred, violence or discrimination shall be liable to:

  • 3 years in prison
  • €75,000 of fine.

Please note

If it is proven that a crime or a offense was committed because of incitement to hatred, violence or discrimination, the provocateur is considered to be the accomplice the criminal or the offender. Thus, the instigator and the perpetrator of the crime risk the same penalties.

Additional penalties

The perpetrator may also be sentenced to additional penalties such as banishment of online platforms.

This punishment consists in banning him from the online platform from which he committed the offense. As soon as they are informed of this conviction, the providers of the online service concerned must block the author's accounts and ensure that he cannot create new ones.

This banishment shall be valid for a maximum of 6 months. This period may be extended to one year in case of recurrence.

Penalties incurred by the Publisher

The Publisher who does not immediately remove content unlawful or who does not block access to it is subject to the same penalties as the author of the content. They say he's being sued like lead author.

Consequently, the penalties differ according to the status of the author of the publication.

Content posted by an individual

A publisher who fails to remove or block access to content that incites hatred, violence or discrimination shall be liable to:

  • 1 year in prison
  • €45,000 of fine.
Content published by a public official

A publisher who fails to remove or block access to content that incites hatred, violence or discrimination shall be liable to:

  • 3 years in prison
  • €75,000 of fine.

Penalties incurred by the host

The penalties incurred by the host are not the same depending on whether it is natural person or a legal person.

Host (natural person)

Hosts who fail to remove or block access to content that incites hatred, violence or discrimination are liable to:

  • 1 year in prison
  • €250,000 of fine.
Host (legal person)

Hosts who fail to remove or block access to content that incites hatred, violence or discrimination are liable to a fine of not more than 6% its annual global turnover in the previous year.

Non-public incentive

Incentives non-public hatred, violence or discrimination is a contravention.

The perpetrator, in writing, in an image, in a video, etc., incites some people to have a malicious and hateful reaction against other individuals or groups of individuals because of characteristics such as:

  • Nationality
  • Religion
  • Ethnicity
  • Sex
  • Sexual orientation
  • Disability

Incitement to hatred shall be constituted if the perpetrator uses one of the following means:

  • Speech
  • Threats
  • Writings, engravings, paintings
  • Images, posters
  • Videos

The incentive is non-public when it takes place in a small committee (for example, at a family or business meeting).

Warning  

Incitement to hatred, violence or discrimination must not be confused with insult or the defamation.

For example, during a business meeting, an employee insults one of his colleagues from “plague.” In this case, it is a insult. If the employee claims that his colleague is a former “justice taker”, this is a defamation. Finally, if the employee gives a very negative portrait of his colleague's religion, it is incitement to hatred, violence or discrimination.

As a victim of incitement to hatred, violence or discrimination, you can file a complaint against the perpetrator. It is necessary that the words, writings, image, etc. directly harm you.

The deadline for filing a complaint is 3 months from the fact-finding commission.

Your complaint must be filed with a police station, a gendarmerie brigade or by writing to the public prosecutor.

Who shall I contact

It is possible to request the assistance of a lawyer. This professional will accompany you from the filing of the complaint until the possible judgment of the author of the offense.

Who shall I contact

Your complaint leads to a police investigation that may result in the conviction of the perpetrator.

If you have party to civil proceedings, you can request damages.

Please note

An association which has been registered for more than five years and which intends to combat racism or assist victims of discrimination on grounds of national, ethnic, racial or religious origin may also to bring a civil action in your place, with your consent.

The perpetrator of a provocation to hatred, violence or discrimination may be tried and sentenced to criminal sanctions by the police court.

He is liable to a fine of €1500. It may be increased to €3,000 in case of recurrence.

Who can help me?

Find who can answer your questions in your region

  • To be informed as a victim of an offense

    116 006 - Victim Assistance Number

    Listen, inform and advise victims of crime and their families.

    By telephone

    116,006

    Free call

    Open 7 days a week from 9am to 7pm

    The service can also be accessed by calling the +33 (0)1 80 52 33 76 (Normal pricing number).

    By email

    victimes@france-victimes.fr

  • To get help in the face of online violence

    National number for victims of digital violence

    To ask anonymous and confidential questions about online harassment (cyber-harassment).

    By telephone

    3018

    Open 7 days a week, from 9am to 11pm

    Free and anonymous call

    Website

    e-enfance.org

  • To be accompanied in cases of racism, anti-Semitism or racial discrimination

    SOS Racism

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