The Gold Medal for Best Letter Submission 2015: Freedom of Expression: At Gunpoint?

• Author: Orla Kelleher
• Position: BCL (French) student in University College Cork
• Pages: 150-156

[2015] COLR

150

THE GOLD MEDAL FOR BEST LETTER SUBMISSION 2015

FREEDOM OF EXPRESSION: AT GUNPOINT?

Orla Kelleher*

Dear Editor,

‘Freedom of expression (…) is the matrix, the indispensable condition, of nearly every other

form of freedom.’

1

Given the media’s instrumental role in freedom of expression, namely

acting as ‘the eyes and the ears of the public’,

2

the notion of freedom of the press has

naturally become associated with the idea of freedom of expression.

Questions abound in France of late about the scope of freedom of expression and the press.

On the same day the French satirical weekly, Charlie Hebdo, famous for its insolent, garish

and incendiary caricatures, sold out an initial run of five million copies of its latest ‘survival’

issue – featuring a cover that boldly lampooned the prophet Muhammad – the notorious

French comedian Dieudonné was arrested and charged with incitement of terrorism by

suggesting on Facebook that he sympathised with one of the gunmen involved in the brutal

terrorist attacks in Paris.

Firstly, this letter will briefly sketch a picture of current law pertaining to freedom of

expression and the press in France. In turn, it will consider whether the different treatment

accorded to Charlie Hebdo and Dieudonné can be considered sound and well founded or

* BCL (French) student in University College Cork.

1

Palko v Connecticut, 302US 319 [1937].

2

Irish Times Ltd, v Ireland [1998] 1 IR 359 at 409 per Keane J.