10

Under the Fifth Republic, the 1881 legislation on the freedom of expression has remained a pillar of the rule of law. It introduced a balance between a fundamental freedom of expression, which requires no prior administrative authorization, and the definition of criminal offences punishable a posteriori. However, this legal balance has been challenged and undermined either by the functioning of social medias or by the climate of suspicion that surrounds offences against individuals (due to the rivalry between memories or sufferings). Nevertheless, legalism is alive and well (maybe so as to impress public opinion), despite the problems it raises on issues such as hate speech and fake news.