GENEVA - Draft legislation aimed at combatting "new forms of antisemitism" would seriously undermine freedom of expression, legal certainty in criminal offences, and other international human rights, UN experts* warned today.
"The so-called 'PPL Yadan' Bill would dangerously expand the already vague and overbroad offence of 'glorification of terrorism' under French law. Its undue restriction of freedom of expression and opinion would also chill legitimate public debate and human rights advocacy, including on Palestine and Israel," the experts said.
The experts have repeatedly raised concern that the offence of "glorification of terrorism" under French law is incompatible with international law and urged the Government to review it.
The Bill, which was introduced on 19 November 2024, would criminalise inciting to terrorism "even implicitly", as well as expressions deemed to "minimise" or "excessively trivialise" terrorist acts or their authors.
Public calls for the destruction of a State recognised by France and expression "minimising" or "excessively trivialising" Holocaust crimes "in any form" would also constitute offences under the proposed law.
"Criminal law should not suppress different views about current or past events, however inaccurate, unpopular, or shocking, unless such expression is intended to incite violence and is objectively likely to do so," the experts said.
They warned that criminal law should also not suppress debate about self-determination, Statehood or political and territorial independence.
"By distorting the meaning of antisemitism and associating it with a broad range of legitimate political expression, the Bill risks trivialising genuine instances of antisemitic hatred, hampering their identification, and fuelling perceptions of instrumentalisation," the experts warned.
"This would ultimately undermine the very efforts to combat antisemitism that the Bill claims to support."
"Combating antisemitism, like all forms of racial, religious or other discrimination, is an important objective," they said. "This Bill, however, conflates incitement to or glorification of terrorism with antisemitism and appears designed to restrict legitimate criticism of Israel - including its violations of human rights and international law - and of the political doctrine and real-world practice of Zionism."
"Criticism of Israel and Zionism does not constitute antisemitism," the experts said.
They reiterated their concerns about the excessive definition of antisemitism of the International Holocaust Remembrance Alliance (IHRA), which the Bill relies upon.
"Adopting the Bill would aggravate an already deeply troubling and repressive climate across Europe, where legitimate expression and human rights advocacy in solidarity with the Palestinian people and their human rights are being silenced in the false name of security or public order," the experts said.
"Free expression and open public debate are cornerstones of any democratic society and must be protected," they said. "More spaces to express different views, to understand each other, and to peacefully address controversial issues are needed - not fewer."
