france religion freedom-of-speech
Is it prohibited to mock the LGBT community in France?
<p>Recent question: <a href="https://politics.stackexchange.com/questions/59464/freedom-of-speech-and-blasphemy">Freedom of speech and blasphemy</a> caused me to think about it and ask myself:</p>
<p><strong>is there any limits/prohibits for mocking in France? Is it legal to criticize the LGBT community?</strong></p>
<p>As we see, it is legal to mock religions, but what else?</p>

<h2>Mockery is allowed; hate speech isn’t</h2>
<p>While freedom of speech is guaranteed under French law it does have <a href="https://www.gouvernement.fr/en/everything-you-need-to-know-about-freedom-of-expression-in-france" rel="nofollow noreferrer">limits</a>. Since 2004, these limits have applied to gender and sexuality.</p>
<p>Mockery is contemptuous or insulting speech; hate speech or vilification incites hatred, serious contempt or ridicule. The boundary between them must be established on a case-by-case basis including both content and context (“I’m going to get you” can be a serious threat but it can also be what a father says to his child when chasing them in the park) but in France, as in other liberal democracies, the benefit of the doubt goes to speech being considered lawful.</p>

<p><strong>Mocking, or criticising homosexuality, or LGBT as a concept is OK</strong>. For example, former governement member Christine Boutin said &quot;Homosexuality is an abomination&quot;, and <a href="https://tetu.com/2018/01/10/christine-boutin-acquittee-ou-commence-incitation-a-la-haine/" rel="noreferrer">it was considered OK</a> (after appeals, she lost in lower courts, but eventually prevailed).</p>
<p><strong>Mocking, or criticising LGBT people is not</strong>. For example, <a href="https://www.rtl.fr/actu/justice-faits-divers/homophobie-minute-condamne-pour-incitation-a-la-haine-7772140701" rel="noreferrer">far right magazine &quot;Minute&quot; got a 7.000€ fine</a> for a front page saying &quot;AIDS: Despite risks, they will give you their blood&quot;.</p>
<p>Same goes for religion. Criticising a religion is OK, criticising folks practising this religion is not (caricatures vs. saying <a href="https://www.leparisien.fr/faits-divers/eric-zemmour-definitivement-condamne-pour-provocation-a-la-haine-contre-les-musulmans-19-09-2019-8155785.php" rel="noreferrer">&quot;muslims must choose between Islam and France&quot;</a>)</p>
