The dream couple
Print The trial between French Interior Minister Nicolas Sarkozy and «Le Matin» has begun.
Print The trial between French Interior Minister Nicolas Sarkozy and «Le Matin» has begun. «Anyone who can’t keep his wife in check can’t keep France in check either,» French President Chirac is said to have remarked sarcastically when Interior Minister Nicolas Sarkozy’s turbulent marital crisis became public. The remark reveals that President Chirac shares the view of «Le Matin» editor-in-chief Peter Rothenbühler—namely, that Sarkozy’s married life is a matter of public interest. After all, Sarkozy was able to benefit from the complicity of the «tabloid» press when he sought to bring his wife into his cabinet as an advisor and position himself and his wife as the future presidential couple. Those who promote such things in good times must also accept them in bad times, argued Peter Rothenbühler and his lawyers last week in Thonon. The opposing side, however, took the position that the feature article published in *Le Matin* constituted an invasion of privacy.Privacy vs. Freedom of the Press: The populist firebrand Sarkozy, who threatens to «clean up» the «scum» of the suburbs with a «Kärcher,» and the cultured, subtle tabloid mogul Rothenbühler are a dream team that complements each other perfectly. One of them, at the end of 2005—at the height of the unrest in the suburbs—dusted off a 50-year-old emergency law that allows authorities to take control of the media; the other has no qualms about advising the popular TV presenter Darius Rochebin to finally get married and give his partner the children she so desperately longs for. One censors a book about his wife Cecilia; the other publishes rumors about Micheline Calmy-Rey—rumors she has already denied—which he himself describes as ridiculous, with the sole aim of coaxing statements from the Federal Councilor about her private life. Since Peter Rothenbühler took the helm at *Le Matin*, a style of journalism has taken hold in French-speaking Switzerland that increasingly encroaches on people’s private lives. Under Nicolas Sarkozy, on the other hand, pressure on media freedom is mounting.
Michel Diard, secretary general of the French journalists« union SNJ-CGT in Paris, knows all about this. For example, he says, the protection of sources is being eroded under the pretext of the war on terrorism. »Sarkozy also often and gladly goes on and on about how all of France’s media companies are loyal to him.« In fact, the new big players in the media business—such as Arnaud Lagardère and Serge Dassault—are politically very close to him. The editor-in-chief of Lagardère’s magazine »Paris Match« was reportedly forced to resign under pressure from Sarkozy—the magazine had published a photo of Cecilia Sarkozy with a lover. Furthermore, Sarkozy has publicly stated that he filed a lawsuit against the »Agence France-Presse« over the same matter. »However, we have no indication that this lawsuit was actually filed.« Diard interprets Sarkozy’s lawsuit against a Swiss newspaper as a signal to French journalists: »He doesn’t want to alienate the French media before the presidential election, but he still wants to make it clear to everyone that he is not to be trifled with.”
A Warning to the Media: But did «Le Matin» actually violate the law when it reported on Sarkozy’s marital crisis? French law is much more restrictive than Swiss law when it comes to the protection of privacy. Article 28 of the Civil Code states: «Any person whose personal rights have been unlawfully infringed may, for their protection (…), bring the matter before the court. An infringement is unlawful unless it is justified by the consent of the injured party, by an overriding private or public interest, or by law.» In contrast, Article 9 of the French Civil Code states simply: «Everyone has the right to respect for their private life.» Case law confirms a very broad concept of private life, which includes not only intimacy but also family relationships, religious beliefs, emotional life, and even health.
According to Peter Studer, president of the Swiss Press Council, Rothenbühler could not be convicted under Swiss law because Sarkozy had always publicly portrayed his marriage as a positive aspect of his political activities. «Reporting on the breakdown of this marriage is in the public interest,» says Studer, «unless the journalist has unnecessarily invaded the plaintiff’s privacy.» Under French law, however, even Peter Rothenbühler himself expects a conviction. Sarkozy is demanding a symbolic fine of one euro and the publication of the ruling in the French edition of *Le Matin* as well as online—which confirms Diard’s impression that Sarkozy is actually seeking to send a warning shot to the French media.
Position in Politics, Not in Bed In other cases, Rothenbühler’s *Matin* has already been reprimanded by the Press Council—the Swiss media’s self-regulatory body—for invasion of privacy. This included, among other things, the aforementioned dissemination of a rumor about Micheline Calmy-Rey. In its December 2003 ruling, the Council concluded: «The need to deny a widespread rumor may justify its publication. However, the denial must not serve to lend significance or credibility to trivial gossip.» By analogy, one could also say: Nicolas and Cecilia Sarkozy’s public appearances justify writing about them. But it would probably be more interesting to know what positions the two hold in politics—not in bed.
By the way: Cecilia recently returned to Nicolas. This time, it wasn't *Le Matin* but *Paris-Match*. Yes, exactly—the magazine whose editor-in-chief, Alain Genestar, fell out of favor with Sarkozy.
Michel Diard, secretary general of the French journalists« union SNJ-CGT in Paris, knows all about this. For example, he says, the protection of sources is being eroded under the pretext of the war on terrorism. »Sarkozy also often and gladly goes on and on about how all of France’s media companies are loyal to him.« In fact, the new big players in the media business—such as Arnaud Lagardère and Serge Dassault—are politically very close to him. The editor-in-chief of Lagardère’s magazine »Paris Match« was reportedly forced to resign under pressure from Sarkozy—the magazine had published a photo of Cecilia Sarkozy with a lover. Furthermore, Sarkozy has publicly stated that he filed a lawsuit against the »Agence France-Presse« over the same matter. »However, we have no indication that this lawsuit was actually filed.« Diard interprets Sarkozy’s lawsuit against a Swiss newspaper as a signal to French journalists: »He doesn’t want to alienate the French media before the presidential election, but he still wants to make it clear to everyone that he is not to be trifled with.”
A Warning to the Media: But did «Le Matin» actually violate the law when it reported on Sarkozy’s marital crisis? French law is much more restrictive than Swiss law when it comes to the protection of privacy. Article 28 of the Civil Code states: «Any person whose personal rights have been unlawfully infringed may, for their protection (…), bring the matter before the court. An infringement is unlawful unless it is justified by the consent of the injured party, by an overriding private or public interest, or by law.» In contrast, Article 9 of the French Civil Code states simply: «Everyone has the right to respect for their private life.» Case law confirms a very broad concept of private life, which includes not only intimacy but also family relationships, religious beliefs, emotional life, and even health.
According to Peter Studer, president of the Swiss Press Council, Rothenbühler could not be convicted under Swiss law because Sarkozy had always publicly portrayed his marriage as a positive aspect of his political activities. «Reporting on the breakdown of this marriage is in the public interest,» says Studer, «unless the journalist has unnecessarily invaded the plaintiff’s privacy.» Under French law, however, even Peter Rothenbühler himself expects a conviction. Sarkozy is demanding a symbolic fine of one euro and the publication of the ruling in the French edition of *Le Matin* as well as online—which confirms Diard’s impression that Sarkozy is actually seeking to send a warning shot to the French media.
Position in Politics, Not in Bed In other cases, Rothenbühler’s *Matin* has already been reprimanded by the Press Council—the Swiss media’s self-regulatory body—for invasion of privacy. This included, among other things, the aforementioned dissemination of a rumor about Micheline Calmy-Rey. In its December 2003 ruling, the Council concluded: «The need to deny a widespread rumor may justify its publication. However, the denial must not serve to lend significance or credibility to trivial gossip.» By analogy, one could also say: Nicolas and Cecilia Sarkozy’s public appearances justify writing about them. But it would probably be more interesting to know what positions the two hold in politics—not in bed.
By the way: Cecilia recently returned to Nicolas. This time, it wasn't *Le Matin* but *Paris-Match*. Yes, exactly—the magazine whose editor-in-chief, Alain Genestar, fell out of favor with Sarkozy.
Helen Brügger
