Imane Khelif And The Goblet Of F*ck Around And Find Out
Imane Khelif And The Goblet Of F*ck Around And Find Out
You thought she was going to run out and file defamation lawsuits? Au contraire mes sœurs: a French lawsplainer.
Imane Khelif, you may remember, is an Algerian boxer, one of two to be attacked during the Olympics as cheaters, as transsexual women, as men, and even as violent criminals — all of which was completely false. The two of them, the other being Lin Yu-Ting of Taiwan, were relentlessly demeaned, mocked, and threatened, based only on how each woman had been — retroactively — excluded from an international competition last year by the International Boxing Association. Famous anti-trans politicians and personalities piled on, with Donald Trump, JD Vance, Megyn Kelly, and JK Rowling being among the most recognizable. Possibly because Rowling singled out Khelif and not Lin, the harassment of Khelif was even worse than Lin faced, and many have been wondering when karma might finally land the author in court.
The answer is … not exactly soon, but that doesn’t mean that nothing is happening. While in the process of winning gold under unprecedented pressure (as Lin did also), Khelif worked with a famous and well-regarded Paris lawyer, Nabil Boudi, to prepare a complaint about the harassment. It was filed on Friday, August 9, actually before the gold medal bout. Although many people in the English speaking world have misinterpreted this as a defamation lawsuit (Variety seems to have corrected the body of its article, but not its headline), in fact it’s a criminal complaint alleging “moral harassment,” and per Le Monde was filed with “the Paris correctional court's National Centre for Combating Online Hate.”
So what is ‘moral harassment’ and what’s next?
Moral harassment is a criminal charge that is typically of lesser severity, on a relative par with stalking laws in the United States. As with stalking, there are more and less serious versions and the penalties can vary, but the most serious can be penalized by up to three years in jail and a fine of up to 45,000 Euros. Most violations carry lesser penalties. It is generally defined as repeated acts that have the object or effect of injuring the rights or dignity of a person, harming their health, or impairing certain other specific activities (like the ability to perform one's job).
The Centre for Combating Online Hate is a subunit of the Central Office for Combating Crimes against Humanity and Hate Crimes (OCLCH) and a recent creation. It is empowered to investigate all acts of moral harassment (amongst other hate crimes and crimes against dignity) against persons within France’s borders, even visitors like Khelif and even when the online perpetrators are unknown or outside of France’s jurisdiction.
A number of prominent people within France participated in the harassment of Khelif, including Eric Zemmour, a far-right racist politician who most recently ran for the Parliament of the European Union with the “far-right Reconquête! party.” Yes, that “Reconquête!” means just what you think it does. Members of Rassemblement National also racked up millions of views for their sexist and cissexist tweets targeting Khelif. All of these figures, and more, could face a civil fine plus forced restitution (which would not prevent Khelif from also suing for defamation) or criminal penalties if prosecuted and convicted.
The scope of the investigation, however, is certain to include the tweets of Rowling and others outside France who participated in what the complaint labeled a campaign of harassment both “massive” and “coordinated.” Speaking to Le Monde, Boudi said,
“The investigation will have to determine who was behind this misogynistic, racist, and sexist campaign, as well as those who fueled this digital lynching.”
French prosecutors have authority to request documents and other evidence from foreign governments, but outside the EU they have no ability to require cooperation, only to request it. (Inside the EU their ability to require cooperation is limited, but not non-existent.) While other European countries often have hate speech and harassment laws that overlap with those of France, speech protections are stronger in the UK than in mainland Europe and even stronger in the US. Criminal prosecution of — just as an example — JK Rowling would be possible but more difficult than a French prosecution of Zemmour and his co-harassers. In the USA, prosecution is right out.
So why bother pursuing evidence against Rowling, Musk, Trump, and Vance?
OCLCH, the office under which the online centre is organized, has as part of its mission the support of victims in their attempt to access justice. As a result of this mandate combined with the scope of France’s law against moral harassment, the prosecution investigative service is empowered to gather evidence relating to the treatment of persons within its borders even when charges can’t be filed. The benefit here is that evidence collected by the government at the government’s expense can then be used by private parties in defamation lawsuits, allowing victims to collect monetary judgements even when the prosecutors choose not to indict or a person using the internet to harass someone in France is beyond the reach of French law.
Boudi, with a background in both criminal and human rights laws, undoubtedly knows this and how to exploit it. While his client has achieved fame in winning a gold medal, it’s unlikely she has the money to pursue defamation claims around the world (and against the world’s richest respondents). While many people in the US may find it shocking that sending a tweet can be made a criminal offense in Europe, the tools that this allows the French government to use to provide equal access to justice for rich and poor will likely be crucial in the certainly forthcoming Khelif lawsuits against Rowling and her ilk in the English speaking world.
Don’t expect that defamation lawsuit too soon, however. Boudi will undoubtedly be working closely with prosecutors to keep on top of all the evidence that they gather and will want to give them time to work before bringing the civil law to bear.
Previously!
Your friendly neighborhood Crip Dyke also writes other perverted stuff!
Wouldn’t this be great if it meant that Skunk Musk would be subject to jail if he comes to the EU and UK! And if this only makes that Joanne STFU it is worth it.
Ta, Crip Dyke. We all have work to do.