Thursday, September 18, 2008

Lèse-Dati

A lawyer is being prosecuted for slander because, in the course of defending a client accused of fraud, he alluded to the allegation made by L'Express that the minister of justice claimed to have an MBA that she never received.

2 comments:

Vertigo said...

I don't understand why he is being charged with slander if Dati really didn't have the MBA she claimed to have.

Anonymous said...

Vertigo: two problems for the lawyer...

1. Under French law, the lawyer would have to prove that what he says about Dati is true. That might be hard, because the only "proof" he has is the magazine story he's read.

2. It seems he claimed that she used a false diploma. But the magazine story doesn't say that: it says she lied about having a diploma. Nuance.

That being said: Eolas's point is well taken. She's going after the lawyer who cites the story rather than going after the journalist who wrote the story.

Perhaps the journalist would be in a better position to prove that what he wrote is true?