The Senate will examine the draft law on Global Security from March. It is this text which contains article 24, much criticized, on the recording and the diffusion of images of police forces.
The timetable is set: the draft law on comprehensive security will return to Parliament in March. TheSenate agenda points out that the text, very controversial, but supported by the government as well as by the presidential majority, will pass on March 3 before the law committee of the upper house, then on March 16, 17 and 18 in hemicycle.
Adopted at the end of November by the National Assembly, the bill could have a different fate in the Senate, insofar as the right, which is in the majority, has hinted at its intention to rewrite some of the most controversial provisions, in particular the article 24, which relates to the recording and dissemination of identifiable law enforcement agencies as part of their missions.
Article 24 intends to punish with one year in prison and a fine of 45,000 euros any person disseminating these recordings for malicious purposes, in particular on social networks, if it is established that they infringe the integrity. physical or psychological of a policeman or a gendarme. However, many voices have been raised to denounce this article, which could affect press freedom and leave room for arbitrariness.
Throughout the past year, several interventions have pointed out that article 24 was even useless, since the law is already equipped to repress such behavior. This is what the Defender of Rights said twice (the first time, the second). The National Commission for Informatics and Liberties (CNIL) did not say anything else at the start of the year.
If the most criticized provision remains article 24, other parts of the text also concentrate strong criticism. This is particularly the case for the whole part on drones. This aims to provide a legal framework for the use of unmanned aircraft, equipped with cameras, for surveillance purposes. In fact, the police are already using it, but outside of any legality, as noted by the Council of State and the CNIL.
And after that ?
The government has initiated the accelerated procedure on this text, which means that there will be only one passage of the bill before each chamber. If the Senate votes on a different text compared to the National Assembly, a joint committee (composed of seven senators and seven deputies) will have to try to erase the disparities so that there is only one legislative text.
If an agreement fails, the National Assembly will have the last word.
The President of the Republic will then have a period of fifteen days to promulgate the law. It will then be published in the Official Journal, entering into force the following day, except for any measures which depend on application decrees which still have to be taken to specify the modalities for the implementation of certain articles. However, another step is planned: that of the Constitutional Council.
Indeed, Prime Minister Jean Castex let it be known last year that he intended to seize this body to ask it to verify the conformity of this law with the Constitution. It is not guaranteed that this goes well: the examination by the Sages of the rue de Montpensier can end with a partial or total censorship of the text, if provisions are considered contrary to the Constitution.
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Source: Numerama by www.numerama.com.
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