Article 1 of the law "for confidence in the judicial institution", adopted at the end of 2021, introduces the possibility of filming all types of trials.
A journalist, media or production company may, if authorized, film a hearing of public interest "of an educational, informative, cultural or scientific nature".
If the president of the National Bar Council (CNB), Jérôme Gavaudan, says he is in favor of capturing certain trials, he has some reservations, in particular on the right to be forgotten and respect for neutrality.
"Bringing justice into the living room of the French people" is Eric Dupond-Moretti's wish, in particular thanks to article 1 of the law "for confidence in the judicial institution", including the decree of application is expected in the coming days.
With this new text, which authorizes the video recording of hearings, the Minister of Justice hopes that the French will better understand the functioning of an institution that they know little about.
If this law maintains the general rule prohibiting the filming of trials, it allows "a new derogatory system for authorizing the recording, sound or audiovisual, of judicial and administrative hearings, based on a reason of public interest", explains the Ministry of Justice.
Consent Required
Until now, only historical trials were filmed – as is currently the case for the trial of the January 2015 attacks – and the images kept in the National Archives, which can only be consulted by researchers.
From now on, after authorization, a journalist, a media or a production company will be able to film any type of trial – hearings of assizes, correctional, civil or commercial… – presenting a public interest “of an educational, informative, cultural or scientific order”. .
To prevent this revolution from interfering with the course of justice and the deliberations, the hearings can only be broadcast once the case has been finally judged, that is to say after the possible appeal procedure, and with the agreement of the parties.
An exception will be made for hearings at the Court of Cassation and the Council of State, the images of which may be broadcast the same day on a deferred basis.
The presiding judge may, at any time, stop or suspend the recording.
Certain measures have been taken to guarantee the presumption of innocence, the right to one's image or even the right to be forgotten.
While public hearings may be filmed without the permission of the parties, for non-public hearings, their agreement must be given via recording and broadcasting consent forms.
Minors, protected adults, such as law enforcement, or people who have not consented to the dissemination of their image must be anonymized.
Clearly, faces and names will have to be blurred and their voices modified.
But how will image permissions be issued?
Journalists, media or production companies wishing to capture audiences will have to send a request directly to the Ministry of Justice.
The file will have to specify "the reason for public interest" of the trial, as well as the conditions of recording.
If the specifications are respected, the Chancellery will send the request to the first president of the court of appeal, the sole decision-maker.
"To show the justice of everyday life"
Because this law was not thought of at random.
Forced to note the lack of confidence – even a certain mistrust – of the French towards the judicial institutions, the Ministry of Justice intends “to provide a better knowledge of the workings of the judiciary and restore confidence in justice”.
While the probability of being brought before an assize court during one's life is low, that of being confronted with ordinary justice is much less so.
"It's not just about filming major trials, but about showing everyday justice, which can affect every French person, through a divorce, an over-indebted company or being placed under guardianship, for example", explains- do we at the Department of Justice.
The Chancellery hopes in particular to create “a major television meeting with the French”.
And that's good, because a first agreement has already been signed with France Télévisions.
The new meeting, which should be broadcast on France 3 from the start of the next school year, "will show all of justice as a whole, the small, medium and large courts, so that all French people can cross the doors of a courthouse “, we detail in the entourage of Eric Dupond-Mortetti.
Faced with criticism of "show justice", the Chancellery tries to reassure: "The goal is not to pour into the show or the 'diversification', but to take the French by the hand to show them how justice works .
»
An insufficient system for lawyers
According to the Ministry of Justice, professionals in the sector "want to participate in this pedagogy to show how they work".
But on the side of the lawyers, the measure is not received with the same enthusiasm.
If the National Bar Council (CNB), which had already expressed reservations when the bill was presented, welcomes the educational approach, Jérôme Gavaudan, its president, believes that "this is not what will change the problem French people's confidence in justice.
This is not enough", he analyzes with
20 Minutes
, before adding: "What is important, and above all useful, is that the hearings are public, that the courthouses are open to all.
»
For the CNB, the risk is that the justice system closes itself a little more to the general public: "When we see that the courtrooms are getting smaller and smaller, less and less well equipped, we fear that 'we are told: "There is no longer any need for courtrooms, since the trials are filmed", explains Jérôme Gavaudan, before adding: "We do not want the dignity of justice to be affected by the grounds for the hearings to be filmed".
The other point, according to the president of the CNB, is the right to be forgotten: "The fact of being able to keep images of a trial, of an accused, of a case permanently freezes the persons implicated and can prevent this right to be forgotten”, he explains, recalling the importance for the parties to move on after a trial.
Finally, the lawyers fear that the speeches will be disrupted by the presence of cameras: “It can change the way people express themselves, a witness or an accused can self-censor or say things differently.
Somewhere, it's not neutral,” concludes Jérôme Gavaudan.
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