Freedom of speech is considered an “essential freedom” in France. It is protected by the 1789 Declaration of Human and Civic Rights, which is incorporated by reference into the French Constitution. It is also protected by the European Convention on Human Rights, to which France is a party. Yet, while French law considers free speech to be an essential component of a democratic society, it is not seen as absolute. French legislators, and French courts, seek to balance freedom of speech with other imperatives, such as other freedoms and rights, and public order. Thus, freedom of expression may be limited for the sake of protecting privacy, protecting the presumption of innocence, and preventing defamation and insults. Freedom of expression may also be limited for the sake of protecting public order. It is therefore illegal to incite others to commit a crime, even when no crime ends up being actually committed. French law also prohibits hate speech, and speech denying or justifying the Holocaust and other crimes against humanity. Additionally, French law prohibits defamation against government institutions and office-holders, as well as disrespecting the national anthem and flag in the context of public events organized or regulated by public authorities.
