Programme "Le 20h de Darius Rochebin" shown on July 13, 2021: reply to the plaintiffs

Arcom was alerted to Darius Rochebin's Le 20h program, shown on LCI on July 13, during which the application of the "health pass" was discussed.

It noted that the comments made on set could not be considered as constituting encouragement of discriminatory behavior or incitement to hatred, insofar as the characterization of such breaches presupposes the identification of a specific group of people. However, Arcom considers that individuals cannot be identified with homogeneous groups solely on the basis of the personal choice that constitutes the act of vaccination.

It also considered that the disputed comments were not contrary to respect for human dignity insofar as they did not appear to be self-indulgent, demeaning or of a nature to reify individuals.

It also noted that the comments made were part of a public debate and did not exceed the limits of freedom of expression, which applies " not only to information or ideas that are favorably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any section of the population " (ECHR, Handyside v. United Kingdom, December 7, 1976, no. 5493/72).

Consequently, the Authority did not intervene against the publisher.