France - May 2024

On 28 May, the Constitutional Council ruled that undocumented immigrants have the right to access legal aid on the same terms as French citizens, citing the constitutional principle of equality before the law. As a result, undocumented immigrants are now eligible to receive state support to pay for a lawyer, including at the National Court of Asylum. Previously, only French citizens and foreign nationals legally residing in France were eligible (the latter group since 1991), with some exceptions for undocumented minors and defendants in criminal proceedings. 

Sources: Constitutional Council, InfoMigrants, Service Public, FranceInfo 

On 15 May, President Macron declared a state of emergency after violent riots in New Caledonia, an archipelago in the Pacific which became a French overseas territory in 1946 following colonisation by France. The declaration prompted the closure of La Tontouta airport, restrictions on social media access, deployment of French security forces, and a temporary curfew and ban on gatherings in Nouméa, New Caledonia’s capital.  The riots occurred in response to the 14 May vote in the National Assembly, France’s lower parliamentary house, to approve a constitutional amendment to increase the number of French nationals eligible to vote in New Caledonia. Local leaders have voiced concerns that the changes will diminish the vote of the Indigenous Kanak people, who comprise 41 per cent of the population. The law is currently suspended, after President Emmanuel Macron dissolved France’s National Assembly and called for snap legislative elections.

Sources:  French Government, FranceInfo, LCP, International Work Group for Indigenous Affairs, ConstitutionNet

On 22 May, a new law regulating online activity entered into force, aimed at protecting users online, particularly minors, including by preventing online harassment and tackling fraud. The law, known as SREN (sécuriser et réguler l’espace numérique, Securing and Regulating the Digital Space), was approved by Parliament on 10 April 2024. The law includes the possibility to suspend people convicted of criminal offenses online from social media platforms for six months and to block access to pornographic websites without requiring a court injunction. Additionally, the law cracks down on the publication of deep fake media content online and enables regulatory authority Arcom to order operators to halt the broadcasting of foreign ‘propaganda’ media under EU sanctions within 72 hours. The Constitutional Council annulled certain provisions on 17 May, including the creation of an offense of online contempt, which would criminalise the dissemination of offensive or discriminatory content, for disproportionately infringing on freedom of expression. In 2023, the European Commission issued two separate opinions warning France about the bill’s compliance with EU law. ARTICLE 19, an international rights organisation, has expressed concerns over the bill’s potential to grant the French government power to censor websites with minimal public accountability.

Sources: Vie Publique, Constitutional Council, Euractiv, Legifrance, Le Monde, Sciences Politiques, ARTICLE 19, European Commission