French privacy law tough but toothless

France has one of the world’s toughest privacy laws on paper, but the legislation is effectively toothless because the fines for breaching it are miniscule, legal experts and journalists say.

Under Article 9 of the country’s 1970 Civil Code, which Britain’s Duke and Duchess of Cambridge will rely on if they decide to sue over topless pictures of the Duchess, every person present on French soil has a right to privacy.

The principle was enshrined in a revised constitution in 1995 and covers the disclosure of details about a person’s private life as well as the publication of images taken without their permission.

The law gives the state significant powers to block publication of intimate information or images but the consequences if media decide to “publish and be damned” are slim.

In theory, an editor breaching the law could face a one-year prison sentence and a fine of up to 45,000 euros.

In practice, precedent suggests a purely symbolic fine is the most that offending publications risk, and even the maximum fine would be peanuts for a magazine like Closer.

The publication is the leader of a new pack of glossy magazines that have been breaking down long-established taboos surrounding the privacy of French politicians and celebrities.

Neil Wallis, a former editor of British tabloids, said Closer executives would not be the slightest bit worried about the prospect of legal reprisals.

“Frankly, for Closer magazine it will be a badge of honour,” he told Sky News. “If they get taken to court, they will be delighted. They will make a relatively small payment. They’re going to sell out with these pictures. It will be a straightforward calculation.”