When social networks invite themselves into the courtroom, there is every reason to fear the worst. And yet, it was a hearing that was both dignified and full of dignity that was held this Tuesday, September 3, 2024 before the Bastia criminal court.
At the start of the case: a video, posted on Facebook on January 7, 2023 by the Palatine Association. We see the members of this cultural association close to the identity environments sing a Corsican song in a restaurant in the Ajaccio region. The problem is that this video is going to be “diverted”. On February 14, the members of Palatinu discovered, on the Facebook profile of a septuagenarian, the same video with a modified soundtrack. The song was replaced by a chant in German and the name of the association is written with the two “s” of SS. The whole thing is accompanied by a commentary taken from a song by Patrick Juvet: “Where are the women?”
Love song
A few weeks later, a complaint with civil action was filed with the senior investigating judge. Michel Padovani, the author of the post, was sent to the correctional court for “public insult”.
At the helm, this retired Pôle emploi with many commitments “humanists” holds a speech structured around two ideas. He admits to having relayed the publication but denies being the author. “I didn’t create this video, I just shared it, he assures. I have neither the means nor the skills to be the author.” On the other hand, the defendant makes no secret of his hostility towards Palatinu, “a racist, avowedly fascist group which contributes to maintaining an unhealthy climate on the island.”
The floor is then given to legal professionals. It quickly takes a technical turn. One question crystallizes the debates: does the incriminated publication constitute an insult or defamation? For Me Saveriu Felli, Palatinu’s lawyer, it is indeed the qualification of insult – the one which serves as the basis for the prosecution – which must be retained. He explains thatErikathe German song that doubles the fake video, is not, as the defense suggests, “a love song”. He recalls that its author, Herms Niel, is “a leading member and propagandist of the Nazi Party” and that this air is “emblematic of the Nazi period”. He summarizes: “We are in a comparison of incredible violence on a historical level. We are comparing an association meal in the Ajaccio region to a Nazi rally.”
“Nazi association?”
For the defense, on the other hand, there is no insult but defamation. Defamation, argues Me Antoine Giudici, is characterized by “the possibility of establishing a contradictory debate” on the incriminated remarks. Which would be the case in this instance. “Can we debate the fact that Palatinu is a Nazi association? says the lawyer. And why couldn’t we?”He pleads for his client to be acquitted.
An analysis which joins through other channels that – admittedly more nuanced – of the prosecutor, Jean-Philippe Navarre. He also judges that the incriminated facts do not fall under insult but under defamation, The parquet floorer requests acquittal.
Deliberated on October 8.
