Skills > Newspaper Law, Defamation, protection of private life, image right protection

The dissemination of information is governed by the freedom of expression allowing everyone to publicize their thoughts and opinions through the media.

This fundamental freedom, however, is subject to limits which are laid down and governed by the law of 29 July 1881 on the freedom of the press, which is intended to lay down the rules and procedures designed to reconcile freedom of expression with respect for fundamental rights of the person (right to the image, respect for privacy, honor and reputation, presumption of innocence …) and the protection of public order.

The regime of responsibility for the press is a derogatory regime of common law, subject to short limitation periods and very strict rules of procedure.

Cabinet Pierrat supports its clients both upstream, by providing them with an analysis of the risks potentially associated with a publication project (proofreading of manuscripts) and downstream, drafting rights of reply and representing them before the competent criminal courts. in the matter of press offenses. Indeed, Pierrat & Associés has developed, for many years, a recognized expertise to assist before all jurisdictions, natural or legal persons engaged, in demand or defense, in litigation in the field of press law (defamation , insult, incitement to hatred …).

Cabinet Pierrat is notably mentioned as enjoying a “high reputation” in press law by the guide Décideurs / Leaders League.

Emmanuel Pierrat chairs the Media Law Commission of the International Union of Lawyers (UIA).

Emmanuel Pierrat has established himself over the years as a specialist in issues related to censorship and freedom of expression. He has written many essays on the subject: The Edition in lawsuit in collaboration with Sylvain Goudemare published by Editions Léo Scheer in 2003, The Happiness of Living in Hell published by Editions Maren Sell in 2004. In 2019, he published the Code of Freedom of Expression (Anne Rideau editions), Moral News and New Censorship (Gallimard) and The Great Book of Censorship in Plon.

Emmanuel Pierrat is also the author of Le livre noir de la censure (The Black Book of Censorship) which he co-authored with his associate Sophie Viaris of Lesegno published by Editions Le Seuil in 2008.

Emmanuel Pierrat has also published the following writings on censorship and the major trials in this area: Accusé Baudelaire, Flaubert, levez-vous !(Accused Baudelaire, Flaubert, get up!), Napoléon III, censure les Lettres(Napoleon III censors the Letters) published by Editions André Versailles in 2010, et Cent livres censurés et cent oeuvres d’art censurées (One hundred censored books and One hundred censored works of art) published by Editions Chêne respectively in 2011 and 2012, Cent Chansons censurées (in collaboration with Aurélie Sfez) published by Hoëbeke in 2014, La liberté sans expression ? (Freedom without expression ?), Jusqu’où peut-on dire, écrire, dessiner (How far can we say, write, draw), published by Flammarion in 2015, Jean-Jacques Pauvert, l’éditeur en liberté (Jean-Jacques Pauvert publisher at liberty), published by Calmann-Lévy in 2016.

Moreover, Emmanuel Pierrat is a member of the Association of Lawyers Practitioners of Press Law and collaborates regularly to the legal review Légipresse.

He is also a frequent speaker at debates, conferences and round tables organized in this area.

In addition, Cabinet Pierrat advises clients on the right to privacy, the right to the image and the right to the name in order to preserve their respect by third parties, and, where appropriate, to organize the modalities exercise of these rights.

Emmanuel Pierrat also represents his clients in litigation involving the rights of the personality.

Emmanuel Pierrat has written on this subject a legal work entitled Reproduction interdite (Reproduction prohibited), Le droit à l’image expliqué aux professionnels de la culture et de la communication(the right to image explained to professionals of culture and communication), to those who want to protect their image and to all others who want to understand the new iconographic censorship published by Editions Maxima / Laurent du Mesnil in 2001.

He is also the author of the essay entitled Cent images qui ont fait scandale(One hundred images that made scandal) published in 2011 at Editions Hoëbeke.