COMPLAINT During a press conference, Louis Boyard, deputy of Nupes and former columnist of “Touche pas à mon poste” announced his intention to file a complaint against Cyril Hanouna… who indicates that he wants to do the same de-nbsptpmpnbsp-after-the-complaint-of-deputy-nupesnbsp-0920e29.jpg” alt=”Hanouna – Boyard altercation: What risks the presenter of “TPMP” after the complaint of the Deputy Nupes?” />
Cyril Hanouna. (Illustration) — Loic BARATOUX
- Louis Boyard, insulted by Cyril Hanouna on the set of TPMP, has announced his intention to file a complaint against the host for “public insult”.
- His elected status – Louis Boyard is a deputy – does not increase the penalty incurred: a fine of 12,000 euros.
- Cyril Hanouna has for his part announced his desire to file a complaint for defamation.
The second round of the clash between the presenter of Touche pas àgrave; my jobCyril Hanouna and the deputy de la Nupes, Louis Boyard, will it be played in the courtrooms? Monday, during a press conference, the elected official announced his intention to file a complaint for “public insult” against the channel's host and publishing director. In question: a violent altercation during the program during which Cyril Hanouna insulted him in particular. of “”fucker”, “”jester”, “”shit” after the latter denounced the action of Vincent Bolloré – also owner of the channel – in Africa.
If on Tuesday, the prosecution still had no trace of this complaint, public insult, which depends on press law, is punishable by a fine of 12,000 euros, a penalty of to which damages and interest may be added. “Usage dictates that generally, when it comes to a first conviction, the sentence is suspended,” nalist Me Eolas. However, Cyril Hanouna has already was the subject of a defamation conviction last May for remarks made on this same program.
A defamation complaint as a media counter-attack?
On the other hand, specifies the advice, the quality grievor’s election does not worsen the qualifications. In September 2020, however, the Keeper of the Seals Eric Dupond-Moretti had sent a circular to the prosecutors asking them to favor the qualification of’ “Outrage” to that “of’insult” concerning elected officials. A significant difference since the offense of contempt is aggravated when it is committed against a person in charge of a public service mission and liable to one year's imprisonment and a fine of 15,000 euros. “In this case, it’s absolutely impossible, insists Me Eolas. The main difference between the two offenses is the publicity; remarks, as soon as these are likely to be heard by others, even in the street, we are in the domain of insult.” The question for a program broadcast at prime time therefore does not even arise.
Cyril Hanouna’s counter-attack was not long in coming: Monday evening, during a two-hour program dedicated to to this “case” his intention to also turn to the courts, accusing the MP, who is none other than a former columnist, of “libel”. “Know that we too will take action. And we will attack for what he could say, defamation, and all the defamation that he had to do. our regard,” without however specifying which remarks were explicitly targeted. The statements of the elected official on Vincent Bolloré? His accusations of “raising racism”, of making “thune on Zemmour” or even to “dance on the Lola affair””?
Our file on Cyril Hanouna
The difference is significant since in matters of defamation only the person explicitly affected by the remarks may file a complaint. So, when it comes to statements about Vincent Bolloré, the industrialist is the only one to talk about it. be able to initiate the procedure. The fact remains that if Cyril Hanouna considers himself directly targeted; by certain remarks made by Louis Boyard, he can directly seize the court for a direct summons. The procedure is however not without risk since a financial deposit is required by the court and can be kept if the procedure is considered abusive. From where? a well-known rule in press law: publicly announcing your intention to file a complaint is not automatically followed by facts.