Screenshot of the Marvel Fitness channel -
YouTuber Marvel Fitness was sentenced to two years in prison, one of which was closed, for harassing and launching digital packs against other influencers, as well as for violence against lawyers.
This is the first time that such a trial has resulted in a prison sentence.
, Thierry Vallat, lawyer at the Paris bar specializing in digital issues, believes this verdict marks a turning point in the legal fight against cyber-harassment in packs.
It is the story of an influential channel that ends up in court.
The YouTuber Marvel Fitness was sentenced this Monday to two years in prison, including one year closed with a committal warrant, by the court of Versailles.
He was found guilty of moral harassment on nine people and violence against a lawyer.
The fitness specialist, followed by 146,000 people on the video platform, is prohibited from carrying out any creative activity on social networks or on any website.
He was accused of having launched digital packs against other Youtubers - and especially Youtubers.
The verdict sparked a lot of reactions on the Internet, but for Thierry Vallat, a lawyer at the Paris bar interviewed by
, this trial marks a historic precedent in justice against cyberbullying in packs.
What does this trial teach us about the phenomenon of cyberstalking by a pack?
The case is quite significant of what the pack harassment represents, repressed since August 2018 by the Schiappa law.
When we carry out orchestrated harassment, we incur a sentence of two to three in prisons and a fine of 30,000 euros.
In this trial, it was shown that the blatant harassment led to a degradation of the lives of the people who suffered it.
This is a textbook case of what cyberbullying raids are: one person “orders” a digital raid.
Then there is a massive relay of his tweets and even tweets from other individuals who follow.
This is the pack effect.
Unlike harassment "alone", a single message is enough to be qualified as harassment, because it is part of a pack logic, and it is the accumulation of these unique messages that creates the feeling of harassment.
The comments about the verdict are quite vehement ...
Some reactions to this judgment are indeed surprising, many people take sides with the offending YouTuber or want to put the fault into perspective.
This shows once again the complete ignorance of harassment: they do not understand how it is criminal and nor the impact it can have.
Normally, such a judgment should have an educational value, to make people understand: "Be careful, you must not do that".
There, we see mainly a rejection of this verdict.
The penalties for theft, rape or murder are included, not yet the penalties for harassment, a fortiori numerically.
There will still be a long way to go.
Such a strong verdict, is it a turning point?
This is the first time that the cyberbullying of a pack has led to a firm prison sentence, it is a very heavy sentence.
Such facts generally led to a suspension, a fine, an obligation of care.
The fact that there is a firm prison sentence therefore marks a turning point.
This may show a desire for magistrates to assert the importance and seriousness of cyberbullying online, to make it an educational trial, as I mentioned earlier.
Afterwards, it should be remembered that there was a plurality of offenses, in particular with acts of violence since one of the people targeted by the harassment had to be exfiltrated from a fitness salon because of threats against her.
Finally, the personality of the YouTuber and his defense - he was content to deny without once seeming to realize the scope of his actions - also played negatively on the verdict.
Will there be a “Marvel Fitness jurisprudence”?
You have to be extremely careful with first instance decisions: maybe the Court of Appeal or the Court of Cassation will change the situation.
It therefore seems hasty to speak of a case law, especially since, as said previously, the correctional decision really depends on the personality of the accused.
Another person convicted of the same acts might not have had a warrant of committal, for example.
Nevertheless, it is a strong signal sent by the magistrates on the seriousness of cyberstalking in packs.
Myself, the next time I deal with this type of case, I will refer to this case, which shows how far we can go in the sentence.
Even if there is not necessarily established case law, there will be a before and an after.
Moral harassment: The YouTuber of Marvel Fitness sentenced to two years in prison, one of which closes with a committal warrant
Mila case: Three minors indicted as part of the investigation into the cyberbullying of the teenager from Isère
By the Web