L'humour et les infractions d'opinion : étude comparée des systèmes français et canadien

Authors: Bomare, Marie
Advisor: Rainville, Pierre
Abstract: This writing proposes an analysis of the reception of humor by the French criminal law through the infractions of opinion. The frame is limited to these infractions that are part of a specific regime in France to encircle a particular dispute: the law suits exercised against humorists, journalists, draftsmen or presenters having pronounced or published certain statements or drawing. We shall see that these protagonists can be charged under the cover of several offenses as defamation, insult, or incitement to hatred. All these offenses are to be reconciled with the freedom of expression. In front of the feature of this dispute and further to the important European influence, the Court of Cassation modulates the repression by means of certain legal criteria. It uses in particular the criterion of the debate of general interest and the one of the public person as justificatory. Nevertheless, the "serious" talks remain punished. The analysis will regularly be completed by comparisons with Canadian criminal law to highlight principles transcending both repressive systems as well as differences in the apprehension of the funny speech. It seems that the humorous expression escapes mainly the criminal law. There are indeed fewer Canadian offences which, in France, would constitute violations of the press laws. The Criminal Code contains however the crime of blasphemous libel, the possible unconstitutionality of which will be addressed. Besides, the Canadian jurisdictions tightened the scope of applicability of the remaining incriminations to sanction only the most prejudicial behavior to the society. Finally, most of the authors of funny speeches do not seem to be able to be criminally sanctioned. Moreover, sometimes the Supreme Court directly makes reference to humor. The study of Canadian law will also be the opportunity to linger on a new doctrinal current : the defense of prank.
Document Type: Mémoire de maîtrise
Issue Date: 2017
Open Access Date: 24 April 2018
Permalink: http://hdl.handle.net/20.500.11794/27984
Grantor: Université Laval
Collection:Thèses et mémoires

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