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No First Amendment Here: French Court Finds Me Guilty in Al-Dura Affair

I’m guilty of defamation … even though the court concurs that I was proven right.

by
Philippe Karsenty

Bio

July 9, 2013 - 8:12 am
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I’ll have to pay the 7,000 euros.

On June 26, the Paris Court of Appeals found me guilty of defamation against television station France 2 and broadcaster Charles Enderlin.

After waiting one long week following the verdict, I was finally able to get the written arguments of the judges. The arguments state that — despite the hoax eventually becoming obvious to all who looked at the case — I was found guilty for having said that the al-Dura news report was a hoax … too early, in November 2004.

Had I published that exact same article today now that the facts are clear, I would not have been found guilty. Interestingly, the Court of Appeals did not ask me to remove the original article from my website. (You can still read it here: “France 2 : Arlette Chabot et Charles Enderlin doivent être démis de leurs fonctions immédiatement.“)

Though technically a legal defeat, the decision is a step forward for my ultimate goal of having the truth revealed about the al-Dura hoax. I fully agree with French author Michel Onfray: “The judges apply the law, they don’t tell what is fair or right.” This verdict confirmed that France 2 still doesn’t have a single piece of evidence to substantiate their al-Dura report. The judges had to reverse the burden of the evidence — using the extremely restrictive French defamation laws — to prevent France 2 from having to produce any evidence to confirm the report’s authenticity, and to temporarily block the recognition of the hoax.

French taxpayer money has been used to silence legitimate and necessary criticism of France 2’s disinformation.

This verdict further established that the only witness of the al-Dura news report — the France 2 cameraman — contradicted himself: contrary to what Charles Enderlin repeated many times, the cameraman does not have the images of the child’s agony. Moreover, the Court of Appeals agreed that France 2’s reluctance to show their raw footage (you can watch it here) makes their story doubtful.

Despite these successes, all is not well following this verdict, of course. The most problematic issue is that the verdict grants French journalists the privilege of being free from criticism regardless of their work’s authenticity. Indeed, the French authorities which should have forced France 2 to correct their fake report refused to act. The high authority which controls TV broadcasts — along with most of the French media outlets, French politicians, and the French judges — circled the wagons to protect a hoax which looks more and more like a state lie.

The verdict is written with the same terminology and bias as France 2’s written arguments. It also could have been released prior to the additional January 16, 2013 audience — nothing in this verdict has not already been written by judges in earlier arguments. It’s a mystery as to why they had to postpone the publication of the verdict twice, and why it took them so long –  more than five months — to deliver this predictable verdict.

Further, the Court of Appeals ignored important and decisive information, and removed some of my words from context — sometimes transforming them — to be able to find me guilty of defamation. For example, the verdict claims that I accused France 2 and Charles Enderlin of having deliberately staged the al-Dura hoax, whereas I clearly claimed the opposite in my article with this sentence:

Charles Enderlin is mistaken, so he mistakes us.

This sentence, of upmost relevance to the charge, was completely ignored by the judges.

The verdict also does not take into account all the witnesses who testified on January 2013. It ignored Esther Schapira, who testified of conversations which took place between us long before I published my article. My own investigation, my demonstration, my research, my sources, my discoveries, and the pieces of evidence which I had before November 2004 have been completely ignored.

The verdict thus rejects the right of any citizen to count on his own perceptions and common sense, and to express his ideas publicly. For example: how is it possible that the al-Duras were shot 15 times by high-velocity bullets without having a single drop of blood on their bodies, their clothes, or the wall on which they were leaned? Expressing this common-sense thought now rises to the level of defamation.

Comments are closed.

Top Rated Comments   
Unfortunately, the world has never be sane.

Israel apologized for its action when France 2 aired its hoax. They didn't protest or investigate. Karsenty was the only person man enough to look into the obvious hoax when the "dead" boy moved on the stretcher. Israel, if it still has any self respect, should pay Karsenty's fine, publicize France 2 and the French Court's duplicity.
40 weeks ago
40 weeks ago Link To Comment
American citizenship? Pay the Americans a truck load if he decided to give up his citizenship later?

"Value your journalism in the US"? Where the hell have you been in the last few years? Have you heard of an NBC reporter being hacked and discredited by the Fed for looking into Fast and Furious, into Benghazi? A Fox News journalist being wiretapped as a conspirator for talking to a govt. whistleblower? Have you heard of a filmmaker being scapegoated for causing Benghazi debacle? He is still in jail, btw. Oh, that poor soul from Chechnya getting killed by the FBI, by mistake, of course. Those thousands of taxpayers being targeted by the IRS...
40 weeks ago
40 weeks ago Link To Comment
In a sane world Israel would sue France 2 for defemation, and win.
40 weeks ago
40 weeks ago Link To Comment
All Comments   (32)
All Comments   (32)
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my classmate's mother-in-law makes $75 every hour on the internet. She has been fired from work for 9 months but last month her income was $12112 just working on the internet for a few hours. Go to this web site and read more... www.Can99.com
40 weeks ago
40 weeks ago Link To Comment
I'm not sure what the definition of defamation is in French. In English it is "false or unjustified injury of the good reputation of another, as by slander or libel". Clearly Mr. Karsenty is not guilty of that. What he said was not false, nor did it cause unjustified injury. The injury was more than justified.

Perhaps in French, defamation means "he hurt their widdy bitty feewings". Of that he is stone cold guilty.
40 weeks ago
40 weeks ago Link To Comment
Thank You Mr Karsenty. I have been paying attention to this since Mr Landes' blog made me aware of it. You are a hero to hang in and fight for the truth; we never know the good the stands we take will ultimately achive; it takes faith. I think if you wanted you could start a fund drive and get help with your fine.
40 weeks ago
40 weeks ago Link To Comment
If al-Dura had really been killed by Israeli bullets, what difference would it make? Collateral damage happens all the time in warfare. You can't judge a whole country on an isolated incident.
40 weeks ago
40 weeks ago Link To Comment
Islam might actually improve France.
Couldn't be worse.
40 weeks ago
40 weeks ago Link To Comment
No, no, no. It can always get worse.

Vichy France was worse.
40 weeks ago
40 weeks ago Link To Comment
"To my mind, this is irregular. It is un-English. It is un-American; it is French. "

Mark Twain, commenting on the Dreyfus Affair
40 weeks ago
40 weeks ago Link To Comment
Many many many people want to see that type of Justice here
40 weeks ago
40 weeks ago Link To Comment
I like that! Israel publicly paying the fine and in effect daring anyone to re-start the conversation!
40 weeks ago
40 weeks ago Link To Comment
Meant as a reply to elkhoong's suggestion.
40 weeks ago
40 weeks ago Link To Comment
France is an oligarchy; a confederacy of powerful families that basically own the government ... and everything else there. Mark Twain was correct when he said, "France has neither winter nor summer nor morals--apart from these drawbacks it is a fine country." Hang in there Philippe, France needs more people like you, not less.
40 weeks ago
40 weeks ago Link To Comment
Long live Capitan Alfred Dreyfus!

Oh yea, he died after false imprisonment because he was a Jooooooooooo. In France. Not much has changed, in France.
40 weeks ago
40 weeks ago Link To Comment
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