Moves to combat so-called “happy slapping” attacks in France were attacked yesterday as the pretext for an unprecedented crackdown on citizen journalists.

The law makes it an offence to distribute images of violence. But critics say it will stamp out attempts by members of the public to highlight police violence. They point to footage of incidents such as the arrest of Toni Comer, the black woman at the centre of yesterday’s controversy in Britain, the distribution of which in France would be illegal under the proposed law.

Nicolas Sarkozy, the Interior Minister who proposed the law, claimed that tough action was necessary to prevent happy slapping from becoming as common in France as it is in the US and Britain.

The phenomenon — under which an assault is recorded, usually with a camera phone, for display on the internet and phones — has arrived in France within the past two years and given rise to about 20 prosecutions under present legislation. The assailants have been charged with the offence of violence, and the accomplices who filmed the incidents have been accused of aiding and abetting.

But the new law creates a specific offence of “recording or distributing images of violent crime” which carries a maximum sentence of five years in prison and a fine of E75,000 (£51,000).

“I don’t have any reason to doubt the Government’s intention to prevent happy slapping,” Julien Pain, the head of the internet and freedom section of the campaign group Reporters Without Borders said. “But the law opens the door to all sorts of difficulties. The blogger who films police violence and puts it on his blog would be committing an offence.” Campaigners say a recording of police officers punching and kicking a youth in Courneuve, near Paris, during the 2005 race riots would be punishable under Mr Sarkozy’s reform.

Reporters Without Borders criticised a clause in the legislation which provided an exemption from prosecution for journalists who broadcast violent scenes in news reports.

“This introduces a dangerous distinction between professional journalists and ordinary citizens, who could be jailed for the same thing,” it said. The group said citizen journalists had a better track record than the professionals for highlighting human rights abuses.

Interior Ministry officials say prosecutors will use common sense when implementing the legislation to avoid catching citizen journalists in the net.

On camera

— Film of police torturing and sexually assaulting a 21-year-old minibus driver scandalised Egypt last year

— Police in Oregon were filmed allegedly racially abusing concertgoers by displaying a stuffed gorilla

— Saddam Hussein was shown being abused during his hanging

Sources: Portland Tribune, Times Archives, Human Rights Watch

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