France tests online bullying laws in blasphemy lawsuit

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Last year, Mila, a French teenager, became the center of a cultural and political storm after posting condemnations of Islam on social media. Although the right to blaspheme is legal in France, she quickly became the target of online harassment for her comments, attracting around 100,000 hate messages, including death and rape threats.

Today, 13 people who threatened her are on trial for cyberbullying in what appears to be a landmark criminal case involving online harassment. Under the law, it is a crime to post comments that intentionally participate in mob intimidation against a single victim.

Why we wrote this

The trial of 13 people who harassed a French teenager online who condemned Islam may indicate how the country will punish cyberbullying, an often overlooked and hidden crime.

France has seen an increase in online harassment over the past decade – particularly during the COVID-19 pandemic, when cyber-bullying increased by 30% among young people during France’s first lockdown. According to the Institut Montaigne, a think tank, more than half of French people aged 11 to 20 have been victims of cyberbullying, while only 9% of parents thought their children were concerned.

“I hope that this case will open the eyes of people, in particular the government, to all the victims and to the need for more training,” said Magali Chavanne of the anti-harassment association Cybhar’so. “The laws are great, but they need to be understood at all levels of the chain and then enforced. “

Paris

In January 2020, Mila, a French teenager, had just dyed her hair a pale purple shade and wanted to show it to her 10,000+ followers on the Instagram photo-sharing platform. In doing so, she opened up about her likes and dislikes, before leaving a “Stories” video, where she said she hated all religion.

“The Koran is a religion of hatred, Islam is a garbage can,” said the lyonaise high school student, who is a lesbian. “I am not a racist… you cannot be racist towards a religion. I said what I think, I have every right. I don’t regret it at all. ”She repeated her criticism of Islam in a November 2020 TikTok video she posted after the jihadist murder of teacher Samuel Paty.

His comments sparked a firestorm on social media – around 100,000 hate messages, including homophobic comments, death and rape threats, and the posting of his personal details online.

Why we wrote this

The trial of 13 people who harassed a French teenager online who condemned Islam may indicate how the country will punish cyberbullying, an often overlooked and hidden crime.

Mila, as she is publicly identified, was forced to drop out of school and placed under police protection. And what might have been left of the online rants of an angst-filled teenager quickly spawned a media blitz that lasted for over a year and turned into political dynamite, with voices from across the political spectrum debating. of Islamophobia against freedom of expression.

Today, because blasphemy is protected by law in France and the sanctions for cyber-harassment are at an incipient stage, the “Mila Affair” has become a test for the definition and potential consequences of harassment in France. line. Last week, 13 people between the ages of 18 and 30 were tried over their online remarks against the French teenager in what appears to be a landmark criminal case regarding online harassment.

“It’s horrible what happened to Mila but she has become a kind of symbol of cyber-bullying,” says Justine Atlan, executive director of the Association e-Enfance, a non-profit organization that set up a national helpline for victims of internet abuse. “This case was pedagogically important, to show people how to become more responsible. Sending a message or a tweet might not sound like anything, but you can end up in court for doing it. “

Find a balance

Shortly after Mila’s controversial video went viral, a legal complaint was filed against her for inciting racial hatred, which was later dropped. The right to blasphemy is protected by an 1881 law, and Mila has always maintained that she is critical of a religion, not of individuals.

Meanwhile, 13 people who attacked her online after her November TikTok video – ranging from a psychology student to a would-be police officer – are on trial in the first high-profile case using a 2018 cyber-harassment law. . Under this law, it is a crime to post comments that intentionally participate in mob intimidation against a single victim.

The new law helps take some guesswork out of what kind of language constitutes cyberstalking, as social media networks struggle to strike a balance between free speech and hate speech control.

“Before, you had to show why a certain comment was harassment. Now, we have something innovative in the law, ”explains Gérard Haas, a Parisian lawyer specializing in new technologies and cybersecurity. “It’s the repetitive act that’s the key. People can no longer participate in the online lynching of one person. I think it’s a good thing to scare people who are trying to scare others.

France has seen an increase in online harassment over the past decade – particularly during the COVID-19 pandemic, when incidents of cyberbullying increased by 30% among young people during France’s first lockdown.

The phenomenon affects people of all ages, but especially young people, and calls for help to the e-Enfance association increased by 54% in 2020 compared to the previous year. According to an April 2020 study by the Institut Montaigne, a Paris-based think tank, more than half of French people aged 11 to 20 have been victims of cyberbullying, while only 9% of parents believed their children were concerned. Many parents don’t watch their children’s phones or computers once they reach high school.

Sexting and revenge porn – the dissemination of sexually explicit messages or photos online – is a particular problem for girls and women. Last March, Alisha, a 14-year-old French girl was found dead in the Seine after being violently beaten by two classmates. It was later discovered that her phone had been hacked and that intimate photos of her had been widely shared on the social media platform Snapchat.

Since 2013, the government has been organizing a competition between schools for the best PSA announcement on harassment, and in 2016, the Minister of Education Najat Vallaud-Belkacem made the fight against cyberbullying one of her priorities.

But nonprofits say there are still too many victims and efforts to tackle cyberbullying are hampered by the inability of police to fully recognize the problem and by difficulties in providing accessible legal aid. to victims.

“I hope this case will open the eyes of people, in particular the government, to all the victims and to the need for more training,” said Magali Chavanne, secretary and spokesperson for Cybhar’so, an association near of Toulouse, which works to prevent cyber-harassment among young people. “We need more specialists to help the victims. Laws are great, but they need to be understood at all levels of the chain and then enforced. “

A new opportunity

Many observers cringe at the gigantic proportions reached by Mila’s case – as well as the months-long debate it sparked – but they agree that it provided a new opportunity to raise awareness about a situation that is not happening. not improving despite government intentions.

The Stop Fisha collective was founded last year and tries to prevent cyber-harassment and cyber-sexism. More than 20 young female members scour the internet, working to shut down suspicious accounts and help victims who are reluctant to speak to adults.

Other nonprofits focus on prevention efforts, such as Cybhar’so and the Amazing Kids association, both of which partner with local groups and offer workshops in schools. Mental health professionals say prevention is better than cure.

“Adolescents have an extremely high ability to hide their emotions, so it can be very difficult for parents to spot when bullying is occurring,” says Catherine Verdier, Paris-based child and adolescent psychologist and co-founder of Amazing Kids.

“The multiplier effect of online harassment – information can reach incredible numbers with just a few clicks – makes victims feel like the whole world sees them in a certain way. It doesn’t take long before all of their sense of self is eroded, ”she adds.

On July 7, the French judges will deliver their verdict in the case; 12 of the 13 defendants face up to six months suspended prison sentence. During the trial, an accused apologized for his comments; another said he was only trying to get more followers online. A young woman said she didn’t see the difference between the free speech Mila used in her posts and her own angry responses on Twitter.

Mila sees a therapist to deal with her new situation. She slowly returns to social media and always says she has no regrets.

“To ask me to stop [using social media] it’s like asking a woman who has been raped never to go out on the streets so that she is not raped again, ”Mila said during her trial. “If I had stopped, it would allow everyone to step on me. I just want to exist, to take advantage of the time I have left.

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