In 2017, the court ruled that it "can not be blamed for stigmatizing the entire Muslim community."
The Court of Appeal of Paris confirmed Thursday the relaxe of the historian Georges Bensoussanwho had stated that "in Arab families in France (...) anti-Semitism is sucked with the milk of his mother".
The court considered that "the disputed remarks did not target the whole of the Muslim community", insofar as the intellectual, author of works on the Holocaust and anti-Semitism in the French suburbs, had him "even made it clear that it was aimed at only a part of the Arab families" in a context where it essentially evoked "Salafism", explained the president at the hearing.
During a broadcast of France Culture in 2015, Georges Bensoussan made the following remarks, attributing them to an Algerian sociologist: "It is a shame to maintain this taboo, namely that in Arab families in France and all the world knows it but nobody wants to say it, anti-Semitism is sucked with the milk of the mother ".
In 2017, the court ruled that it could not be blamed for stigmatizing the entire Muslim community, saying that during the broadcast the latter had stated that it was only aimed at part of this community, Salafists or people under their influence ".
As for the expression "anti-Semitism is sucked with the milk of his mother", it was, according to the judges of first instance, a figure of speech, in this case a "catachresis", and not not the expression of a "biological racism". Catachesis refers to the diversion of a word from its proper meaning, for example in the expressions "the feet of a chair".
The court of appeal confirmed this judgment and thus dismissed associations that had formed civil parties, such as the League of Human Rights or SOS Racism. However, it reversed the judgment recognizing this time the admissibility of the Collective against Islamophobia in France (CCIF) as a civil party.
The Higher Audiovisual Council (CSA) had sent in December 2015 a "warning" to France Culture, saying that "some remarks by Mr. Bensoussan were likely to encourage discriminatory behavior."
The CSA had also criticized the host of the show "Replicas", the academician Alain Finkielkraut, to have "at no time contributed to the control of the antenna. "