Last December, all of those who publish on the Web worried about the “Voltaire network against Front National” case. The judgement stated in this case by the 17th correctional chamber cancelled the prescription term for defamation. According to this jurisprudence, anyone would have been allowed to start again defamation cases dating from several years on any support. Indeed, it was possible to pursue any article with no regard to the date. This was all the more dangerous as the decision had been confirmed by the Court of Appeal.
The Supreme Court of Appeal, which decision has been made public on Tuesday October 30th, has broken the uncertainty opened by this jurisprudence. The prescription rule has been set as following: “the prescription term starts on the day of the first publishing day”. The Journal du Net notes (see the article "Délai de prescription : Internet se cale sur la presse") that this prescription term is the three month term set at the origin for the press and the publishing industry by the law of July 29th 1881”. So, from now on, the reference point for the three month term is the “date when the article has been put on the network users’ disposal for the first time”.
