ECHR Rules France Acted Within Rights Over Fines to Climate Activists for Macron Portrait Thefts

Strasbourg, The Gulf Observer: The European Court of Human Rights (ECHR) on Thursday ruled that France was within its legal rights to impose suspended fines on climate activists who removed official portraits of President Emmanuel Macron from town halls in 2019 as part of a protest action.

The case was brought before the Strasbourg-based court by 11 activists from the group Non-Violent Action COP21 (ANV-COP21), who claimed that France had violated their right to freedom of expression under the European Convention on Human Rights.

However, the ECHR found that the judicial measures taken by France did not interfere with the activists’ freedom of expression. On the contrary, the court noted that the legal proceedings could be regarded as part of the activists’ “communication strategy” and means of drawing public attention to their cause.

The activists had received suspended fines ranging from 200 to 500 euros ($230 to $590), which the court described as among “the most lenient sanctions possible” and thus not disproportionate in the context of their actions.

The protests in question involved the removal of Macron’s official portrait—displayed in all French town halls—from public buildings across the country. In total, around 130 portraits were taken in 2019 by the ANV-COP21 group, which cited a “moral duty” to act against what it viewed as the government’s insufficient response to climate change.

The plaintiffs had previously exhausted all legal avenues within France, including appeals to the Supreme Court, following convictions in three separate cases in Paris and eastern France.

Interestingly, France’s legal stance has evolved since the original events. In 2023, the country’s highest court overturned convictions in a similar case, ruling that the act of stealing the president’s portrait was not an affront to his dignity and that climate change constituted a matter of “general interest.” The court also noted that the portraits had minimal monetary value—just €8.90 excluding the frame.

Other activists involved in similar demonstrations have subsequently been acquitted under this revised legal interpretation.

Political use of Macron’s portrait has a history in France. In 2017, mayors from the central Creuse region turned the president’s photograph to face the wall in protest against cuts to local budgets and job losses.

Thursday’s ECHR decision reinforces the principle that states may impose proportionate legal consequences for protest actions involving minor property offenses, without breaching fundamental rights.