The European Court of Human Rights (ECHR) ruled Wednesday that France had infringed upon the rights of a woman who was found guilty of defamation after accusing a company executive of sexual harassment at her workplace. The accusations were emailed to six individuals, including internal and external members of her company.
The ECHR, in its judgment for Allée v. France, ruled based on Article 10 of the European Convention on Human Rights, which safeguards the right to freedom of expression. The court highlighted that the email, for which the applicant was criminally convicted, was sent in a complex situation where work and private life were intertwined. The court emphasized that the email, though addressing a sensitive matter, was not intended for public dissemination and was sent to a limited number of recipients—most of whom were directly involved or entitled to receive reports of harassment.
The court criticized the domestic courts for their overly strict interpretation of conditions for exempting the applicant from criminal liability, wrongly deeming the email as public. It stressed the applicant’s right to express herself fervently as an alleged victim and faulted the excessive burden of proof imposed. Finding a breach of Article 10 due to disproportionate restrictions on freedom of expression, the court ordered France to pay the applicant EUR 8,500 for damages and EUR 4,250 for costs and expenses.
As per the facts stated in the judgement, Vanessa Allée, a French national employed in a faith-based educational association, faced alleged harassment by an executive. Following her request for a job transfer, her husband also accused the executive of harassment and assault via SMS messages. Allée then sent an email detailing the allegations to the association’s managing director, among others. Subsequently, her husband posted on Facebook, leading to private defamation charges against them. The Paris Criminal Court found them guilty, imposing fines. The Paris Court of Appeal upheld the decision but reduced the fine, and the Court of Cassation affirmed it. Allée appealed to the ECHR, claiming a violation of Article 10. The application was submitted in May 2020.
