Eight “dropouts” of presidential portraits of Emmanuel Macron in four town halls in Gironde in May 2019, were released on Wednesday by the Toulouse Court of Appeal, according to the collective ANV-COP 21 of which these activists belong.
“This is a fairly important victory for freedom of expression”, declared Eric Payen of ANV-COP 21 who, by “taking down” these portraits, intended to denounce the “inaction” of the government in the face of “the emergency climate”.
The decision of the Bordeaux Court of Appeal overturned in cassation
These eight people had been sentenced to fines ranging from 250 to 600 euros, on September 16, 2020, by the Bordeaux Court of Appeal. They had been found guilty of meeting theft and complicity in meeting theft, after having “taken down” portraits of the President of the Republic in four town halls in the Arcachon basin. Their action was part of the national campaign “Decrochons Macron” during which, according to ANV-COP 21, “151 portraits were taken down”.
The Bordeaux Court of Appeal had notably considered that freedom of expression could never justify an infringement. However, the Court of Cassation considered, on September 22, 2021, that taking down a portrait of the President of the Republic to denounce France’s (in)action in terms of climate change could not be assimilated to theft and fall under freedom of speech.
She had therefore quashed the decision and the appeal of the “dropouts” was retried in Toulouse on February 15.