French Law vs. Online Hate: Complaints Target Antisemitic Songs & Rappers

French Law vs. Online Hate: Complaints Target Antisemitic Songs & Rappers

In a digital age where cultural expression often clashes with legal boundaries, France finds itself at the forefront of a crucial battle against online hate. Recent high-profile cases involving antisemitic content within music, particularly rap and traditional songs, have spurred significant legal action. These incidents underscore the persistent challenge of distinguishing free speech from incitement to hatred and highlight the robust efforts of French legal authorities and anti-racist organizations to combat such harmful narratives. The recent legal battles over antisemitic content serve as stark reminders of this ongoing struggle.

The Alarming Resurgence of Antisemitic Tropes in French Music

Antisemitism, a historical scourge, continues to manifest in contemporary forms, finding new platforms and audiences through music and digital media. In France, the circulation of chanson antisémite plainte (antisemitic song complaints) has become an unfortunate regular occurrence, indicating a troubling trend. These complaints are not isolated incidents but reflect a broader societal concern about the normalization of hate speech.

The reach of such content is amplified by social media and video-sharing platforms, allowing narratives imbued with long-standing antisemitic tropes to penetrate vast audiences, particularly among younger demographics. This environment creates a fertile ground for the propagation of prejudice, often cloaked in artistic expression or historical nostalgia. The legal system, alongside vigilant anti-racist associations, is tasked with drawing a clear line between legitimate artistic commentary and criminal incitement to hate or violence.

Legal Battles and High-Profile Cases: The Fight Against Antisemitic Content

The fight against antisemitic content in music is characterized by complex legal challenges, involving prominent artists and the digital platforms that host their work. Two recent cases vividly illustrate the different facets of this struggle in France.

The Freeze Corleone Controversy: A Rapper Under Scrutiny

The French rap scene, known for its raw social commentary, has also become a stage for controversial content. Rapper Freeze Corleone, a figure with hundreds of thousands of followers on social media and a significant concert draw (including 12,000 attendees at Zénith de Paris and Lille), found himself at the center of a new legal storm following a concert in Dijon on November 29th. The Dijon public prosecutor, Olivier Caracotch, announced that a complaint had been filed for "public antisemitic insult" (injure publique à caractère antisémite) and "public incitement to hatred or violence" (provocation publique à la haine ou à la violence).

According to the prosecutor, the concert, part of a Hip-Hop festival organized by local association "Impact" and attended by 2,000 people, featured "passages, texts, and clips of songs judged antisemitic." An investigation has been launched and entrusted to the Direction interrégionale de la police judiciaire de Dijon. The International League Against Racism and Antisemitism (Licra) has also joined the proceedings as a civil party, underscoring the gravity of the accusations.

This isn't Freeze Corleone's first brush with legal scrutiny. In November 2020, he was investigated for "apology for terrorism" and "racist insult" after the release of several clips. During that period, Minister of the Interior Gérald Darmanin publicly denounced his "unacceptable statements," citing a specific lyric where the rapper claimed, "Every day R. Kelly sequesters minors, but it's always Jews who are behind it." Despite the public outrage and ministerial intervention, that particular investigation was classified without further action in March 2021, with most of the alleged infractions deemed "not characterized." This previous outcome highlights the complexities of legal qualification and the challenges of successfully prosecuting hate speech cases in court.

The "La Noce à Rébecca" Video: Unearthing Historical Hate

While modern rap faces scrutiny, older antisemitic content also resurfaces online. The Bureau National de Vigilance Contre l'Antisémitisme (BNVCA) filed a chanson antisémite plainte against Dailymotion and the creator of a video featuring an old antisemitic song from the 1930s, titled "La noce à Rébecca" (Rebecca's Wedding). This montage, circulating on video-sharing sites, depicted photos of over 150 Jewish or supposedly Jewish public figures – politicians, TV stars, journalists, writers, philosophers, actors, humorists, and singers – against the backdrop of the offensive tune.

The song itself paints a crude and derogatory picture of a Jewish wedding, where guests are depicted as dirty, vulgar, and thieving. One verse describes an individual eating with fingers and pocketing silver cutlery, followed by a brawl over mere pennies. Sammy Ghozlan, president of the BNVCA, emphasized that despite the lack of named individuals in the video, the photographic list constituted an "antisemitic photographic list, liable to criminal prosecution."

The BNVCA also referred the matter to the Conseil Supérieur de l'Audiovisuel (CSA), France's audiovisual regulatory body, demanding "greater control of Dailymotion, or even its closure in case of recurrence." Dailymotion, however, reiterated its legal status as a "host" rather than a "publisher," meaning it is not legally obligated to pre-screen uploaded videos. Its responsibility typically kicks in only after a video constituting a criminal offense is reported. Despite the July 19th upload date, the video remained online for some time before being removed, highlighting the difficulty in rapid content moderation. This incident, and many like it, demonstrate the challenges faced by organizations like BNVCA and Licra as they combat hateful digital content.

Navigating French Law: Understanding the Legal Framework Against Hate Speech

France has some of the strictest laws against hate speech in Europe. The primary legal tools used in these cases are:

• Public Antisemitic Insult (Injure publique à caractère antisémite): This refers to any outrageous expression, contemptuous term, or invective that does not contain the imputation of a fact, directed publicly at a person or group of people because of their actual or supposed Jewish origin.
• Public Incitement to Hatred or Violence (Provocation publique à la haine ou à la violence): This charge applies when words or actions publicly instigate hatred or violence against an individual or group based on their origin, ethnicity, nationality, race, or religion.

The legal distinction between a "host" (like Dailymotion) and a "publisher" is crucial. Hosts generally benefit from a lighter liability regime, intervening only *a posteriori* upon notification of illegal content. Publishers, however, are held responsible for the content they disseminate *a priori*. This distinction often complicates legal proceedings against platforms.

Practical Advice for Individuals: If you encounter antisemitic content online, you can take action:

1. Document Everything: Take screenshots, record URLs, and note dates and times.
2. Report to the Platform: Use the platform's official reporting tools.
3. Report to Authorities: In France, you can report to the national platform PHAROS (Plateforme d'Harmonisation, d'Analyse, de Recoupement et d'Orientation des Signalements).
4. Contact Anti-Racist Organizations: Groups like Licra and BNVCA have legal teams that can pursue official complaints.

The Broader Implications: Free Speech, Platform Responsibility, and Societal Impact

The cases of Freeze Corleone and "La noce à Rébecca" underscore a fundamental tension in modern democratic societies: the balance between freedom of expression and the necessity to combat hate speech. While artistic freedom is a cherished value, it is not absolute and does not extend to inciting hatred, violence, or discrimination.

Social media platforms and video-hosting sites bear an immense ethical and, increasingly, legal responsibility. Their business models often prioritize virality, which can inadvertently amplify hate speech. Stricter content moderation, transparent policies, and swift action upon reports of illegal content are paramount. Regulators like the CSA are pushing for greater accountability from these platforms, even exploring measures like temporary closure for repeat offenders, indicating a growing impatience with their self-regulation.

Ultimately, the battle against antisemitic content in music and online is a collective endeavor. It requires vigilance from civil society organizations, robust legal frameworks, proactive measures from digital platforms, and a critical public capable of discerning between genuine artistic expression and harmful incitement. The persistence of chanson antisémite plainte in France highlights an ongoing cultural and legal struggle that demands continuous attention and decisive action to uphold the values of tolerance and respect.