Mathilde Panot, president of the La France insoumise group in the National Assembly, announced that she would be questioned in connection with an investigation for “apology for terrorism.” She explained that the Direction of the Judicial Police in Paris had summoned her due to an official communication from the LFI group in the National Assembly on October 7, 2023, the day of the Hamas attack on Israeli soil. This communication stated that the Hamas offensive was taking place in the context of an intensification of Israeli occupation.
According to Panot, this is the first time in the history of the Fifth Republic that a president of an opposition group in the National Assembly has been summoned for such a serious reason. She raised concerns about alarming infringements on freedom of opinion and democracy. The origin of the offense of “apology for terrorism” dates back to the law on freedom of the press. The original version, passed in 1881, punished individuals who incited to commit crimes such as murder, looting, and arson, or crimes against the safety of the State.
Over the years, laws against anarchist activities were enacted in 1893 and 1894 in response to political assassinations. These laws were aimed at eradicating anarchist activities and suppressing speech considered contrary to the government. The offense led to numerous prosecutions throughout the 20th century, including during the Indochina War and the prosecution of directors of leftist publications in the 1970s. The offense of “apology for terrorism” has evolved since the law was reinforced in 2014, moving from the realm of press freedom to the penal code.
Today, the offense consists of publicly presenting or commenting favorably on terrorist acts or specific terrorist acts that have already been committed. Prosecutors, associations, and individuals can report illegal online behavior on a government platform or file complaints. Since the Hamas attack on October 7, there has been an increase in investigations and prosecutions related to the conflict between Israel and Hamas, with several individuals, including political figures and activists, being summoned by the police.
Critics have raised concerns about the interpretation of the law, arguing that it should target serious cases of incitement to terrorism rather than speech critical of Israel. Many have criticized the use of legal actions against political opponents, highlighting the broader trend of governments using charges of terrorist apology to suppress dissenting voices. Amnesty International has also warned about the risks to freedom of expression in France, calling for the repeal of laws criminalizing apology for terrorism due to their vague and subjective nature, posing a threat to freedom of expression.
