Insult
Verified 10 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
Can an individual who utters insults be penalized? Yes, because he did an insult. This offense is upheld whether committed in public or in private. However, public insult is more severely punished because it harms the victim more severely. There are ways to report, to ensure that those responsible are punished and to ensure that the victim is compensated. Here is the information you need to know.
Insult is a word, writing, or expression of thought addressed to a person (or group of people) with the intention to hurt, despise or offend her.
Please note
The insult must be directed at a person or group of persons determined.
We must not confuse the insult and the defamation.
Indeed, the insult does not refer to a specific fact. Defamation, on the other hand, is the assertion of a specific fact that undermines the honor or consideration of a person.
Example :
Calling someone a “thief” is an insult. On the other hand, it is defamatory to accuse a shop employee of stealing from his company's cash register.
On the other hand, we must distinguish racist or discriminatory abuse and incitement to hatred, violence or discrimination.
The intention of the person who commits the abuse is to harm the person or group of persons to whom it is directed. On the other hand, the purpose of the incitement is to induce several people to have a malicious and hateful reaction against other individuals or groups of individuals.
Example :
Treating a group of people as “parasites” because of their country of birth is considered an insult. On the other hand, inciting people to attack a group of individuals because of their origins is an incitement to hatred, violence or discrimination.
What is non-public insult?
We're talking of non-public insult when the insult is uttered in a private place and only a small circle of people can hear or have access to it.
For example, it could be a statement made at a dinner at the victim's home, messages sent to a group of friends, videos posted on a private account (closed to the public) of a victim's social network.
What is public insult?
The public insult is committed in a public place or in a public meeting, by any of the following means:
- Speech, shouts or threats
- Writings, prints, drawings, engravings, paintings, emblems, images
- Any other medium of writing, speech or image
- Closets or posters
- Publication by a publicly available online means of communication.
Example :
If an abusive video is posted on a social media account that is accessible to everyone, it is a public insult.
The same is true when abusive statements are made during a public debate or when writings are published in a newspaper.
Can we report offensive content to the host of a website?
When offensive content is published on the internet, any person (adult or minor) may report to the host of the site or of the platform concerned.
Following the report, the host must verify that the reported content is illegal.
If so, he must immediately :
- Notify the competent authorities (e.g. public prosecutor)
- And remove or block access to illegal content.
FYI
If illegal content has been reported to the host and it has not been deleted, the author of the report may call on a dispute resolution body. This organization will make proposals with the aim of reaching an amicable agreement with the host. This process is paid for: the price varies depending on the organization you enter.
Can offensive content be reported to law enforcement?
It is possible to report an insult to law enforcement. However, reporting cannot be done through PHAROS: titleContent.
To report an insult, the victim or witness must contact a police or gendarmerie department directly.
The victim can lodge a complaint against the perpetrator of the insult or make a direct quote.
If the victim does not know the perpetrator, he or she may file a complaint against X (but he or she may not quote directly).
Please note
When the acts were committed on the internet, the victim can also file a complaint against the host that has not fulfilled its obligations: remove the offensive content and notify the competent authorities.
Direct quotation avoids a potentially lengthy investigation. However, writing a direct quote is subject to very strict rules. It is therefore strongly advised to the victim of hire a lawyer.
Warning
When the insult is contained in a file published by an online means of communication, the publisher of the site or of the platform concerned is considered the perpetrator of the insult. So it's him who should be the subject of the complaint or the direct quote.
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Complaint
The complaint must be filed within 3 months of the commission of the facts (1 year when the insult is racist or discriminatory).
To lodge a complaint, the victim can go directly to the police station or the gendarmerie brigade of his choice. It also has the possibility to send a letter to the public prosecutor of the place where the events occurred.
When filing a complaint, the victim may constitute a civil party with the aim of obtaining damages and interest.
On site
The victim may move to the police station or gendarmerie brigade of his choice.
Please note
At the time of filing a complaint, it is recommended to bring all elements that demonstrate the offense suffered and that allow to identify the perpetrator of the facts (SMS, testimonies, photographs, videos, etc.).
By post
To file a complaint with the public prosecutor, the victim must send a letter to court of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter must specify the following:
- Civil status and full contact details (address and telephone number)
- Detailed account of the facts, date and place of the offense
- Name of the alleged perpetrator if the victim knows him (otherwise, the complaint will be filed against X)
- Name and address of any witnesses to the offense
- Description and provisional or definitive estimate of injury
- Evidence documents: medical certificates, work stoppages, photographs, screenshots, videos, etc.
It is possible to use a mail template:
File a complaint with the public prosecutor
The complaint can be sent by registered letter with acknowledgement of receipt (preferably), by simple letter or by followed letter.
It can also be deposited directly at the reception of the court.
In any case, a receipt is sent to the victim as soon as the public prosecutor's office has registered the complaint.
Direct Quote
If the victim knows the perpetrator of the abuse and that it is a natural person major or a legal person, it may bring an action directly before the competent court by a direct quote.
It has a period of 3 months from the commission of the facts (1 year when the insult is racist or discriminatory).
Reminder
If the statement was made on an online communication medium, the direct quote must be directed at the director of publication. All media and professional websites must indicate the identity of the publisher.
When writing a direct quote, the victim must be very specific. She must in particular indicate the following:
- Identity and address of the commissioner of justice who will issue the citation
- Identity and contact information of the person to whom the summons relates
- Comments, writings, videos that constitute an insult and the type of insult (public or non-public). The victim must transcribe word for word abusive language or specific language that is deemed to be insulting. It must also demonstrate that the words, writings, videos result in a infringement
- Place and date of the infringement
- Legislation that provides for the offense to which she is a victim
- Injury suffered and amount of such damage.
It must also provide all the elements necessary to prove the guilt of the alleged perpetrator and the damage suffered.
Once the direct quote is written, the victim must send it, by letter RAR: titleContent, to the court competent to obtain a date for the hearing (correctional court for a public insult / police court for a non-public insult).
Who shall I contact
Then, it must send the direct summons and supporting documents to the commissioner of justice of the alleged perpetrator's domicile.
Who shall I contact
Once the Commissioner of Justice issues the direct summons to the defendant, he shall deliver an original of the summons to the victim. It must immediately deliver that document to the registry of the court seised.
Finally, the victim must pay a logging the amount of which is determined on the basis of his income.
FYI
When she makes a direct quote, the victim is necessarily civil party. It can therefore obtain damages and interest in addition to the conviction of the defendant.
The perpetrator of an insult shall be liable to one or more criminal penalties. If the victim has constituted civil party, the perpetrator may also be ordered to pay him damages and interest.
Reminder
When the insult is contained in a file published by an online means of communication, the publisher of the site or of the platform concerned is considered the perpetrator of the insult. So he's the one who's convicted. The person causing the abuse is considered the accomplice of the publisher.
Penalties for racist or discriminatory insults are higher than those for other types of insults. In addition, specific sanctions apply to the perpetrator of an insult addressed to a public authority (public administration, judge, police officer, juror, etc.).
General case
The applicable penalties differ depending on the environment in which the insult was committed:
Public insult
Public insult is punishable by a fine of €12,000.
The court may also decide that the conviction shall be posted or broadcast, at the expense of the convicted person.
Warning
When the insult is addressed to a particular (or a group of individuals), the alleged perpetrator may invoke the excuse of provocation. If this excuse is upheld, the court cannot convict the perpetrator of the insult even if the facts are established.
The person prosecuted for insult may invoke the excuse of provocation, indicating that his remarks follow acts deliberately carried out to irritate and/or provoke her.
In order for the excuse of provocation to be accepted, it is necessary that the person invoking it proves the following 4 elements:
- The provocation that led to the abuse was personal. It targeted the perpetrator of the insult or one of his relatives
- The provocation was wrong or excessive
- The provocation was committed just before the insult
- Provocation is the cause of the insult (the insult must have been made in reaction to the provocation).
Example :
During a trial, a lawyer mentions Nazi Germany several times while the defendant and his wife are jewish. The woman reacts and insults the lawyer. She's being prosecuted for public insult. In this case, the woman may invoke the excuse of provocation insofar as the insult was made in response to a prior provocation.
Non-public insult
Non-public insult is punishable by a fine of €38.
Warning
When the insult is addressed to a particular (or a group of individuals), the alleged perpetrator may invoke the excuse of provocation. If this excuse is upheld, the court cannot convict the perpetrator of the insult even if the facts are established.
The person prosecuted for insult may invoke the excuse of provocation, indicating that his remarks follow acts deliberately carried out to irritate and/or provoke her.
In order for the excuse of provocation to be accepted, it is necessary that the person invoking it proves the following 4 elements:
- The provocation that led to the abuse was personal. It targeted the perpetrator of the insult or one of his relatives
- The provocation was wrong or excessive
- The provocation was committed just before the insult
- Provocation is the cause of the insult (the insult must have been made in reaction to the provocation).
Example :
During a trial, a lawyer mentions Nazi Germany several times while the defendant and his wife are jewish. The woman reacts and insults the lawyer. She's being prosecuted for public insult. In this case, the woman may invoke the excuse of provocation insofar as the insult was made in response to a prior provocation.
Insulting a public authority
The alleged perpetrator of a public insult to a public authority shall be liable to a fine of €12,000 and one community service.
The court may also decide that the conviction will be posted or broadcast, at the expense of the convicted person.
Racist or discriminatory insult
The applicable penalties differ depending on the environment in which the insult was committed.
Public insult
The perpetrator of an insult of a discriminatory nature (racial insult, relating to sex, disability, etc.) shall be punished by 1 year's imprisonment and €45,000 of a fine.
FYI
A public authority custodian (e.g. police officer) or a person in charge of a public service mission (e.g. bus driver) shall be liable to 3 years' imprisonment and €75,000 of fine whether he or she has made a racist or discriminatory insult in the performance of his or her duties or duties.
The court may also decide that the conviction will be posted or broadcast, at the expense of the convicted person.
Non-public insult
Non-public insults of a discriminatory nature (insults relating to sexual orientation, disability, etc.) are liable to a fine of €1,500.
The victim who civil party (or who made a direct quote) may obtain compensation from the convicted person.
If the victim does not wish to seize the criminal courts or if it is not a civil party, it may also make a claim for compensation before the civil courts.
FYI
Such a request may be directed at the person who incited the offense, possibly publisher and the host which has not met its obligations.
Civil courts cannot sentence those responsible to a criminal sanction. However, they can order them to compensate the victim.
Who can help me?
Find who can answer your questions in your region
To take legal action against the perpetrator of the insult
Law SocietyFor more information about the abuse
For more information on this subject, you can contact Allô Service Public.
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The informants who answer you belong to the Department of Justice.
Definition of Insult and Defamation
Penalty for public insult
Penalty for non-public insult
Penalty for non-public discriminatory abuse
Responsibility of the publisher
FAQ
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