Defamation Lawyer in France

By Jérôme Navy, lawyer at the Paris Bar

Defamation, slander and libel

Defamation, libel and slander under French law

Clients from common law jurisdictions often refer to libel and slander.

In many English-speaking legal systems, libel generally refers to written or published defamatory statements, whereas slander generally refers to spoken defamatory statements.

French criminal defamation law does not make this distinction in the same way.

Under French law, the key issue is not whether the statement was written or spoken, but whether:

• a specific allegation of fact was made;

• that allegation harmed a person’s honour or reputation;

• the statement was public;

• the applicable procedural rules and limitation periods were respected.

As a result, a newspaper article, a website publication, a Google review, a social media post, a video, or a public oral statement may all fall under the same legal concept of public defamation if the legal conditions are met.

If the statement does not allege a specific fact but consists instead of an offensive, contemptuous or insulting expression, it may qualify as public insult rather than defamation.

This distinction is essential, because a wrong legal classification may jeopardise the entire procedure.

What qualifies as defamation in France?

Under French law, defamation consists of alleging or imputing a fact that harms the honour or reputation of a person or entity.

The statement must generally be sufficiently precise to be capable of debate or proof.

By contrast, vague abuse, insults or offensive language without the allegation of a specific fact may fall under the separate offence of public insult.

Examples may include accusations of fraud, dishonesty, corruption, tax evasion, criminal behaviour, professional misconduct, abuse of power, breach of trust, or other serious conduct likely to damage reputation.

Defamatory statements may target, for example:

• an individual;

• a company;

• a company director or executive;

• an elected official;

• a public figure;

• a professional;

• an association;

• a public authority;

• a foreign company operating in France.

Online defamation in France

Many defamation cases now arise from online publications.

RIFT assists clients in matters involving defamatory statements published on:

• websites;

• online press articles;

• Google reviews;

• LinkedIn;

• Facebook;

• Instagram;

• X / Twitter;

• TikTok;

• YouTube;

• online forums;

• blogs;

• public emails or newsletters;

• professional review platforms.

Online defamation can be particularly damaging because the content may be accessible immediately, widely disseminated, indexed by search engines and copied onto other platforms.

For companies, executives and professionals, a defamatory publication may affect commercial reputation, investor confidence, client relationships, employment prospects or negotiations.

For individuals, it may cause serious personal, professional and reputational harm.

In these cases, it is important to preserve evidence quickly before the content is edited, deleted or made inaccessible.

Defamation proceedings anywhere in France

With offices in Paris and Marseille, RIFT assists clients in defamation matters throughout France.

The firm may act where the dispute involves:

• defamatory content published in France;

• content accessible from France;

• French-language publications;

• foreign-language publications causing harm in France;

• statements targeting a French individual or company;

• statements targeting a foreign client with interests in France;

• press articles, social media posts or online reviews connected to the French market.

International clients do not necessarily need to be physically present in France at the beginning of the process.

In many cases, the initial assessment, evidence review and procedural strategy can be handled remotely, in English, before determining the most appropriate action before the competent French court.

Time limits for defamation proceedings in France

Defamation matters in France are urgent.

In most public defamation cases, the limitation period is three months from the date of publication or from the last valid act interrupting limitation.

For certain discriminatory press offences, the limitation period may be extended to one year.

These deadlines are much shorter than in many other legal systems.

For this reason, foreign clients should seek French legal advice as soon as they discover a defamatory publication.

Waiting for an informal response, an internal investigation, a platform moderation decision or a negotiation may result in the claim becoming time-barred.

Evidence in French defamation cases

Evidence must be preserved carefully.

In online defamation cases, it may be necessary to collect:

• the exact URL;

• dated screenshots;

• the date and time of publication;

• the identity or apparent identity of the author;

• the publication medium;

• comments, shares, likes or reposts;

• search engine results;

• evidence of dissemination;

• evidence of reputational or commercial harm;

• correspondence with the author or platform;

• any previous disputes or contextual elements.

In some cases, a formal report by a commissaire de justice may be useful to secure evidence of the publication.

This is particularly important where the author may delete or modify the content after being contacted.

Legal action against defamation in France

Depending on the circumstances, several legal options may be considered.

These may include:

• sending a formal cease-and-desist letter;

• requesting removal of the content;

• contacting the publisher, host or platform;

• filing a criminal complaint;

• filing a criminal complaint with a civil-party petition;

• issuing a direct summons before the criminal court;

• bringing civil proceedings where appropriate;

• seeking damages;

• requesting publication or dissemination of the judgment.

The appropriate strategy depends on the nature of the statements, the identity of the author, the date of publication, the urgency of the situation, the client’s objective and the procedural risks.

French press law is formalistic.

A complaint or summons must be carefully drafted, identify the disputed statements, classify them legally and refer to the correct legal provisions.

An error may lead to the nullity of the proceedings.

Contact a defamation lawyer in France

If you are targeted by defamatory statements in France, or if you have received a complaint, summons or formal notice for defamation under French law, it is important to act quickly.

RIFT can assist you in assessing the situation, preserving evidence and determining the most appropriate legal strategy.

Contact RIFT confidentially to discuss a defamation, libel, slander, public insult or online reputation matter in France.