Freedom of expression on social networks has its downsides: hate speech and untruths sometimes take over and, hidden behind their screens, some pour out their gall in this public space devoid of limits. In appearance only because some easily exceed them. This is the case of Karim N., a resident of Montereau-Fault-Yonne, prosecuted before the Fontainebleau criminal court on Monday March 20 for defamation and public insult towards a citizen in charge of a public mandate.
In this case, he attacked James Chéron (UDI), mayor of this same city, via posts posted on Facebook. Absent from the hearing, he was tried in absentia and found guilty. The court sentenced him to a fine of 1,500 euros and ordered the deletion of the contentious messages. This 56-year-old man will have to pay James Chéron 300 euros in damages and 1,500 euros for the costs of legal proceedings, under article 475-1.
Several defamatory messages published on September 3, 13 and 18, 2022, as well as October 5 and 26, 2022, have been pinned down by the courts. It is a question of “mafia management of the city” of “conflict of interest” for James Chéron between his mandates as mayor and president of the OPHLM, the SEM, etc. Karim N. also mentions a trip by the elected official to Mexico “with taxpayers’ money”… In addition, two messages posted on October 4 and 5, 2022 are qualified as public insult because James Chéron is presented there as a “guru” .
Already convicted of fraud, forgery, death threats and malicious calls
If he was conspicuous by his absence at the hearing, Karim N. assumes his remarks because he posts them on Facebook without hiding his identity (unlike many treacherous anonymous people on social networks). But caution. In the past, he has already been sentenced by the courts, in particular for fraud, use of forgery, death threats and malicious calls. And on March 28, 2022, for defamatory and insulting remarks towards Majdoline Burgeais-El Abidi and Maxime Lemoine, two elected officials of the municipal majority of Montereau. He must pay 2,250 euros to one, 1,750 euros to the other, and must also pay a fine of 5,000 euros.
This Monday, the prosecution made no requisition. “He says anything on Facebook. It is urgent that he cease his actions, ”pleads James Chéron’s lawyer on behalf of Me Romain Darrière, from the Paris Bar. She requests the deletion of the nine litigious posts, subject to a penalty of 1,000 euros per day of delay, 15,000 euros in damages for her client in respect of non-pecuniary damage and 5,000 euros for her legal costs, in respect of article 475-1.
In the end, the court delivered a decision below its expectations. Other proceedings are in progress: Karim N. is being prosecuted for defamation and public insult against John Huet, director general of the services of the city of Montereau, and against two deputy mayors, Gilles Asfaux (four remarks in question on the Internet) and Mélanie Mairot (two remarks in question).