Artistic censorship and freedoms in French public law

"I know that everyone is opposed to the idea of censorship of literary works. As for me, I believe that censorship can be justified, if it is exercised with probity and does not serve to cover up personal, racial or political persecution." Thus pleaded Borges, with his taste, very paradoxi...

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Veröffentlicht in:International journal of legal information 2022-07, Vol.50 (1-2), p.7-23
1. Verfasser: Bioy, Xavier
Format: Artikel
Sprache:eng
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Zusammenfassung:"I know that everyone is opposed to the idea of censorship of literary works. As for me, I believe that censorship can be justified, if it is exercised with probity and does not serve to cover up personal, racial or political persecution." Thus pleaded Borges, with his taste, very paradoxical here, for provocation. The legitimization of a censorship which is "necessary" for society? This is perhaps also reflected by contemporary French law. J.-M. Pontier states that “from the legal point of view, censorship is closely associated with a prior control which is exercised or likely to be exercised over human expression in relation to freedom of expression”. However, is censorship limited to a system of administrative authorization or a priori control or does it include other limitations?
ISSN:0731-1265
2331-4117
DOI:10.1017/jli.2022.14