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Photo of Paris Massacre Victim Sets Off Press Freedom Case Photo of Paris Massacre Victim Sets Off Press Freedom Case
(about 17 hours later)
On Friday evening Nov. 13, Maya Vidon-White, like many Parisians, was dining with friends. But the moment she learned that Kalashnikov-wielding terrorists were attacking the Bataclan concert hall, she grabbed her camera, hopped on her scooter and sped to the scene.On Friday evening Nov. 13, Maya Vidon-White, like many Parisians, was dining with friends. But the moment she learned that Kalashnikov-wielding terrorists were attacking the Bataclan concert hall, she grabbed her camera, hopped on her scooter and sped to the scene.
Ms. Vidon-White, 48, a French war photographer who has spent more than a decade covering conflicts in Israel, Indonesia and Africa, instinctively began to look for victims. As the wounded began to pile up at a makeshift emergency center at a square near the concert hall, she recalled, she spotted a figure lying on the pavement. Ms. Vidon-White, 48, a French war photographer who has spent more than a decade covering conflicts in Israel, Indonesia and Africa, instinctively began to look for victims. As the wounded began to pile up at a makeshift emergency center at a square near the concert hall, she recalled, she spotted a man lying on the pavement.
The man, Cédric Gomet, 30, an employee of the French television channel TV5Monde, was an avid guitarist with a fondness for tattoos, and had been attending the concert when he was shot in the head. He was lying on his side in his underwear, his face caked with blood, in an agonizing pose. She aimed her camera. When a nearby fire engine opened its doors, and he was momentarily bathed in light, she clicked.The man, Cédric Gomet, 30, an employee of the French television channel TV5Monde, was an avid guitarist with a fondness for tattoos, and had been attending the concert when he was shot in the head. He was lying on his side in his underwear, his face caked with blood, in an agonizing pose. She aimed her camera. When a nearby fire engine opened its doors, and he was momentarily bathed in light, she clicked.
Now, Ms. Vidon-White has unwittingly found herself at the center of a court case in France that has pitted press freedom and the journalistic imperative to document an important news event against the moral and legal prerogative to protect the dignity and privacy of terrorism victims.Now, Ms. Vidon-White has unwittingly found herself at the center of a court case in France that has pitted press freedom and the journalistic imperative to document an important news event against the moral and legal prerogative to protect the dignity and privacy of terrorism victims.
Her photograph of Mr. Gomet, who died in the 24 hours after the attacks, was published in VSD, a glossy weekly magazine known for its lurid celebrity stories. One month after she took it, Ms. Vidon-White, who was working as a freelancer for the Washington-based United Press International news agency, was informed by the Paris prosecutor’s office that she had broken the law.Her photograph of Mr. Gomet, who died in the 24 hours after the attacks, was published in VSD, a glossy weekly magazine known for its lurid celebrity stories. One month after she took it, Ms. Vidon-White, who was working as a freelancer for the Washington-based United Press International news agency, was informed by the Paris prosecutor’s office that she had broken the law.
The case stands as a vivid example of how, in this age of Islamic State terrorism, journalists across the world are grappling with ethical questions of how to cover attacks. They are balancing the requirements of covering breaking news and conveying reality, however disturbing, with the desire to avoid sensationalism and respect the boundaries of victims, survivors and their families.The case stands as a vivid example of how, in this age of Islamic State terrorism, journalists across the world are grappling with ethical questions of how to cover attacks. They are balancing the requirements of covering breaking news and conveying reality, however disturbing, with the desire to avoid sensationalism and respect the boundaries of victims, survivors and their families.
It also shows the complex legal pitfalls and contradictions in an age of global communication. Images zoom across the borders of states and societies with widely varying laws and sensibilities regarding privacy, potentially opening journalists to prosecution in ways they can hardly anticipate.It also shows the complex legal pitfalls and contradictions in an age of global communication. Images zoom across the borders of states and societies with widely varying laws and sensibilities regarding privacy, potentially opening journalists to prosecution in ways they can hardly anticipate.
American law does not have nearly as broad a conception of dignity as a protected legal interest as Europe does. It does allow lawsuits for invasion of privacy. But that is generally defined as public disclosure of private facts offensive to a reasonable person that are not newsworthy.American law does not have nearly as broad a conception of dignity as a protected legal interest as Europe does. It does allow lawsuits for invasion of privacy. But that is generally defined as public disclosure of private facts offensive to a reasonable person that are not newsworthy.
In Germany, which has a strong right-to-privacy culture, distributing or broadcasting the photographs of victims, with their faces visible, is illegal without their permission or, if the victims are dead, without the permission of their families.In Germany, which has a strong right-to-privacy culture, distributing or broadcasting the photographs of victims, with their faces visible, is illegal without their permission or, if the victims are dead, without the permission of their families.
But exceptions can be made if a photograph is deemed to be in the public interest. Comparatively looser media codes in Britain and Spain also call for journalists to get consent from those they are photographing, with the caveat that the public interest can trump the right to privacy.But exceptions can be made if a photograph is deemed to be in the public interest. Comparatively looser media codes in Britain and Spain also call for journalists to get consent from those they are photographing, with the caveat that the public interest can trump the right to privacy.
The laws regarding privacy are particularly strict in France.The laws regarding privacy are particularly strict in France.
Prosecutors have accused Ms. Vidon-White and VSD of breaching the Guigou law, named for former Justice Minister Élisabeth Guigou. It forbids the publication of photographs of survivors of violent crimes, including terrorist attacks, without their permission, on the ground that to do so “seriously infringes” their right to human dignity.Prosecutors have accused Ms. Vidon-White and VSD of breaching the Guigou law, named for former Justice Minister Élisabeth Guigou. It forbids the publication of photographs of survivors of violent crimes, including terrorist attacks, without their permission, on the ground that to do so “seriously infringes” their right to human dignity.
Ms. Vidon-White is also named in a lawsuit against VSD. Mr. Gomet’s family and partner are demanding 43,592 euros, or more than $49,000, in damages, including legal fees.Ms. Vidon-White is also named in a lawsuit against VSD. Mr. Gomet’s family and partner are demanding 43,592 euros, or more than $49,000, in damages, including legal fees.
Lawyers for Ms. Vidon-White, who is the sister-in-law of a staff editor for The International New York Times in Paris, and VSD counter that the case should be dismissed. Under the Guigou law, only the survivor of a crime can file a criminal complaint, they say, and Mr. Gomet was dead when the article was published.Lawyers for Ms. Vidon-White, who is the sister-in-law of a staff editor for The International New York Times in Paris, and VSD counter that the case should be dismissed. Under the Guigou law, only the survivor of a crime can file a criminal complaint, they say, and Mr. Gomet was dead when the article was published.
In April, Vincent Tolédano, Ms. Vidon-White’s lawyer, asked the Paris criminal court to throw out the case, and the court will issue its decision on May 20.In April, Vincent Tolédano, Ms. Vidon-White’s lawyer, asked the Paris criminal court to throw out the case, and the court will issue its decision on May 20.
“The prosecutor is trying to turn the court into a cathartic forum for victims to grieve,” Mr. Tolédano said. “But that is the realm of psychology or the hospital, not a court of law.”“The prosecutor is trying to turn the court into a cathartic forum for victims to grieve,” Mr. Tolédano said. “But that is the realm of psychology or the hospital, not a court of law.”
What’s more, Ms. Vidon-White and her lawyer noted, she had not published the photo herself, or had any contractual link to VSD, or received any payment from VSD.What’s more, Ms. Vidon-White and her lawyer noted, she had not published the photo herself, or had any contractual link to VSD, or received any payment from VSD.
They argue that Ms. Vidon-White did not know that the agency had sold her photograph to the French photo agency Maxppp, which then sold it to VSD, which published it on Nov. 17 in a full-page spread with the headline “A Rock Concert Rocked by a Veritable Blood Bath.”They argue that Ms. Vidon-White did not know that the agency had sold her photograph to the French photo agency Maxppp, which then sold it to VSD, which published it on Nov. 17 in a full-page spread with the headline “A Rock Concert Rocked by a Veritable Blood Bath.”
The magazine did not name Mr. Gomet but juxtaposed his photograph with the harrowing account of a Bataclan massacre survivor, also named Cédric, who described the sound of screams as he escaped from the hall. (Ms. Vidon-White did not know Mr. Gomet’s name when she filed the photograph, so her photograph did not identify him.)The magazine did not name Mr. Gomet but juxtaposed his photograph with the harrowing account of a Bataclan massacre survivor, also named Cédric, who described the sound of screams as he escaped from the hall. (Ms. Vidon-White did not know Mr. Gomet’s name when she filed the photograph, so her photograph did not identify him.)
Associated Reporters Abroad, a Berlin-based freelance group that Ms. Vidon-White was working for at the time of the attacks, said French prosecutors were overzealously trying to “show to the grieving public — and the family of the victim — that they were taking action after the terror attacks, and twisting French law to do so.”Associated Reporters Abroad, a Berlin-based freelance group that Ms. Vidon-White was working for at the time of the attacks, said French prosecutors were overzealously trying to “show to the grieving public — and the family of the victim — that they were taking action after the terror attacks, and twisting French law to do so.”
Jabeen Bhatti, the managing editor of Associated Reporters Abroad, said the prosecution against Ms. Vidon-White was a slippery slope that threatened press freedom. “What’s next: prosecuting reporters for interviewing victims?” she asked.Jabeen Bhatti, the managing editor of Associated Reporters Abroad, said the prosecution against Ms. Vidon-White was a slippery slope that threatened press freedom. “What’s next: prosecuting reporters for interviewing victims?” she asked.
But Jean Sannier, a lawyer for Mr. Gomet’s family, countered that their despair was magnified by the publication of a photograph that he said was “voyeuristic” and jarringly graphic, cruelly showing Mr. Gomet’s suffering. He accused Ms. Vidon-White of eroticizing a dying terrorism victim, barely clothed and lying on the street.But Jean Sannier, a lawyer for Mr. Gomet’s family, countered that their despair was magnified by the publication of a photograph that he said was “voyeuristic” and jarringly graphic, cruelly showing Mr. Gomet’s suffering. He accused Ms. Vidon-White of eroticizing a dying terrorism victim, barely clothed and lying on the street.
“The photograph is vulgar and indecent, and it would have been more powerful if you couldn’t see the face,” he said. “Cédric’s parents were forced to see their son in agony, the impact of the bullet, his face covered in blood, almost alone. It is simply terrible.”“The photograph is vulgar and indecent, and it would have been more powerful if you couldn’t see the face,” he said. “Cédric’s parents were forced to see their son in agony, the impact of the bullet, his face covered in blood, almost alone. It is simply terrible.”
Moreover, he said, it was deeply irresponsible that VSD had implied Mr. Gomet was alive when he was dead. Moreover, he said, it was deeply irresponsible that VSD had implied that Mr. Gomet was alive when he was in fact dead.
He called for the government to tighten the Guigou law so that it would protect the dead.He called for the government to tighten the Guigou law so that it would protect the dead.
“A dead victim deserves the right to dignity and privacy as much as one who was alive,” he said. “Cédric did not have the time to file a complaint. But does that mean he should be victimized twice?”“A dead victim deserves the right to dignity and privacy as much as one who was alive,” he said. “Cédric did not have the time to file a complaint. But does that mean he should be victimized twice?”
The Guigou law was passed in 2000 to help buttress victims’ rights. It was given impetus after two survivors of a bomb explosion on a train at the St.-Michel metro station in Paris in 1995 sued the magazine Paris Match after being photographed — one partly clothed, the other visibly shaken — saying their privacy had been breached.The Guigou law was passed in 2000 to help buttress victims’ rights. It was given impetus after two survivors of a bomb explosion on a train at the St.-Michel metro station in Paris in 1995 sued the magazine Paris Match after being photographed — one partly clothed, the other visibly shaken — saying their privacy had been breached.
In 1997, a Paris appeals court threw out that case, citing press freedom under the European Convention on Human Rights. The Guigou law, legal experts say, was an attempt to rebalance media freedom with privacy rights. In 1997, a Paris appeals court threw out that case, citing press freedom under the European Convention on Human Rights. The Guigou law, legal experts say, is an attempt to rebalance media freedom with privacy rights.
Ms. Vidon-White said she had just been doing her job.Ms. Vidon-White said she had just been doing her job.
“My job is to show reality, and it doesn’t always please people,” she said. “I wanted to convey the impact of the attacks and how France has been hurt.” She added, “I live here, too.”“My job is to show reality, and it doesn’t always please people,” she said. “I wanted to convey the impact of the attacks and how France has been hurt.” She added, “I live here, too.”