A conclusive call. Sentenced at first instance to a suspended fine of 3,000 euros for defamation against a Muslim school in Valence (Drôme), Charlie Hebdo was finally released this Tuesday, April 23. According to the judgment, that Mediapart was able to consult, the court of appeal ruled that it is not defamatory to be accused of maintaining links with the Muslim Brotherhood.
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Mourad Jabri, who directs the Values and Success school, filed a complaint for defamation after an article published in July 2022 in the satirical weekly, in which the author of the article notably accused this establishment (private outside of a contract) of welcoming veiled girls into its compound and, worse, being run by relatives of the Muslim Brotherhood.
“Not prohibited in France”
In its decision, the Grenoble Court of Appeal did not take a position on the seriousness of the investigation or the veracity of the facts, but was content to rule on the question of links with the Muslim Brotherhood organization.
“ The article only highlights the possible proximity between the civil party and the Muslim Brotherhood movement, which is in no way prohibited in France, being a spiritual and ideological current to which it is possible for everyone to join. », We can read in this decision reported by Mediapart. “ Consequently, the criticized allegation, which highlights a possible, entirely lawful ideological affiliation, does not constitute defamatory remarks. », He added.
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The court of appeal also ensures that the director of the establishment, Mourad Jabri, “ perfectly right to be a Brotherhood member, which cannot therefore characterize defamation ” from his view. “ ThereCourt notes that such an imputation of proximity or belonging to an ideology, as it results from the remarks mentioned in this passage in particular, arises from the pure opinion of the journalist, from the free debate of ideas, from a judgment of eminently subjective value on the part of the newspaper Charlie Hebdo, incapable of characterizing defamation, being reminded that the Muslim Brotherhood network is not banned in France “, further detail the magistrates.
After the verdict, the lawyer Charlie Hebdo, Richard Malka, was quick to react. “ I was worried, but now I am extremely reassured by this decision which applies the usual principles to protect our freedom of expression for all. », he congratulated himself at the microphone of France Blue. To Mediapart, the school's lawyer, Antoine Pastor, denounces a judgment ” simplistic reasoning “. His client plans to appeal to the Court of Cassation.
