At the bar, two prominent lawyers from Nice, Me Marc Concas defending Valérie Arboireau and Franck Viano, face Me Gérard Baudoux supporting the defense of René Vestri. A “classic” that will lead to two impressive pleadings where each defender presented their conclusions on this case that puts Facebook at the forefront of the legal scene.
Before any defense on the merits, Me Concas will invoke the nullity of Mr. Vestri’s legal claim, which is not based on the specific provisions of the July 29, 1881 law on the freedom of the press.
Me Baudoux will nonetheless plead defamation and insult based on Article 809, paragraph 2 of the Code of Civil Procedure, but only with regard to Valérie Arboireau and Franck Viano, against whom he is claiming a provision of €10,000.
The third party, François Steenkiste, sees Mr. Vestri’s claim for provision reduced to one euro due to the letter of apology he sent to the Mayor of St. Jean.
More than a simple local quarrel, this dispute raises the question of freedom of expression and the existence of debate spaces within social networks, which play a preeminent role in the daily lives of internet users.
On which side will the Summary Judge tilt the balance in this reconciliation between the interests of free discussion of political issues and the limits of permissible criticism of a public figure?
We will have to wait until April 1, 2010, to find out.
