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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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The court agreed that I met a few people who had seen France 2 raw footages before I published my article, but they remembered — once correctly — that when some of these people witnessed at the court in Paris upon my request, they refused to declare that the report was a hoax. When heard by the court in September 2006, Richard Landes only agreed to declare that “the images which were broadcast were doubtful,” and added that he “was not certain of anything but that there were some mistakes which fed the controversy.”

So what does the future hold?

The verdict, which follows many others on al-Dura which were politically motivated, doesn’t leave me optimistic about the French judicial system. The investigation to discover the truth of the al-Dura report is now over: we have enough pieces of evidence to determine it to be a hoax. But these trials have shown that French defamation laws prevent freedom of speech. A French citizen cannot criticize freely — without any risk of legal hassles — a media outlet which broadcast false information. This reality allows powerful media outlets to judicially harass those who dare to alert on their misconducts.

Considering that, this fight to establish the truth might need to be taken up in places other than the French courts, and maybe in other countries.

As the French courts reject any competence to determine the authenticity of the al-Dura news report, it seems that only an independent, free, and transparent investigation committee will be able to decide if al-Dura was a hoax or not. France 2 and Charles Enderlin agreed to participate in this future commission.

Me too.

—————————————-

(Those of you who would like to read a copy of the verdict: email me at pk@m-r.fr.)

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Philippe Karsenty is the founder and president of Media-Ratings, a French website that closely monitors media bias.

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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
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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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