back to article Bepanted shovel-toting farmer wins privacy payout from France TV

A French farmer who was filmed setting about bird conservationists with a shovel while in his underpants has won damages from a TV company that filmed the incident for violating his privacy. The set-to originally occurred back in 2015, when a French bird conservation group called the Ligue pour la Protection des Oiseaux (LPO, …

  1. MiguelC Silver badge
    Pint

    The last two paragraphs are pure gold, have a well deserved cold one on me!

    1. Neil Barnes Silver badge

      But throw it very carefully!

  2. ShadowSystems

    I wouldn't have gotten into a fight...

    Mostly because I've boobytrapped my fields with old landmines & haven't shared the planting pattern with anyone. Good luck getting near my bird traps, the birds are getting used to the explosions & rain of chunky salsa. *Cackle*

    1. Gene Cash Silver badge

      Re: I wouldn't have gotten into a fight...

      As my grandfather used to say, "I've got 220 acres, a backhoe, and 20 pigs - you won't be found"

      1. ShadowSystems

        Re: I wouldn't have gotten into a fight...

        Mine liked to say he had a wood chipper, a rototiller, & lots of time on his hands. I always got the impression he was either having a laugh at my expense (hopefully given I was but an impressionable child) or knew WAY too much about gardening as a means of evidence disposal. =-Jp

    2. spold

      Re: I wouldn't have gotten into a fight...

      Sortir de ma terre!

    3. jason_derp Silver badge

      Re: I wouldn't have gotten into a fight...

      You people waste petrol and meat with those backhoes.

  3. oiseau Silver badge
    Facepalm

    Don't get it

    But footage of the scuffle shot by the journalists present went viral on the internet ...

    Hmmm ...

    Weren't the journalists filming a fracas between the bird enthusiasts and the farmers which resulted in a farmer being fined for violence with a weapon?

    The footage of the incident, later broadcast by France Télévisions and others (?) undoubtedly ended up being the proof which got him nailed with a fine for assault.

    So ...

    How is it that said footage became breach of privacy?

    Makes me wonder why France Télévisions has not appealed the ruling.

    They were covering the news, were they not?

    And if the famer decided to come out improperly dressed pour l'occasion ...

    Whose fault is it?

    O.

    1. John Brown (no body) Silver badge

      Re: Don't get it

      They were trespassing on private land based on, what it appears from the article, a misconception that the farmer was breaking the law with regard to trapping songbirds. The article doesn't appear to specify whether the farmer was actually breaking the law or not in that regard. Where he did break the law was in defending his property from illegal intruders and seems to have gone too far in his efforts, hence the assault charge. This means the film crew were also there illegally and filmed him on his private land where he has a legitimate expectation of privacy, IANAL nor am I French. All of the above is my untrained and ill informed opinion.

      1. Dr_N Silver badge
        Headmaster

        Re: Don't get it

        John Brown (no body,)> They were trespassing on private land

        They should have gone armed with shotguns and said they were chasing a wounded animal. It's a free pass to go anywhere in France. Amateurs.

    2. I ain't Spartacus Gold badge

      Re: Don't get it

      Presumably if they'd pixelated his face, it would have been fine? But I'm not a lawyer, let alone a French one.

      Or should they have pixelated his pants?

      By the pixelated pantaloons of Professor Pamplemousse!

    3. Anonymous Coward
      Anonymous Coward

      Re: Don't get it

      > The footage of the incident, later broadcast by France Télévisions and others (?) undoubtedly ended up being the proof which got him nailed with a fine for assault.

      > So ...

      > How is it that said footage became breach of privacy?

      If you have evidence of a crime being committed, you provide that evidence to the police. That would not be a breach of privacy.

      Trespassing on someone's private property is a breach of privacy. Filming someone on their own private property without permission is a breach of privacy. Broadcasting such a video to the public is a breach of privacy.

      1. oiseau Silver badge

        Re: Don't get it

        Broadcasting such a video to the public is a breach of privacy.

        Hmm ...

        What was filmed and later broadcast by France Télévisions was not news?

        So ...

        In your rather narrow view of what happened (to which you are entitled), journalists at the scene of such an incident would need to get everyone at the site to sign the proper release forms before turning on their cameras?

        O.

        1. Falmari Silver badge

          Re: Don't get it

          @oiseau “In your rather narrow view of what happened (to which you are entitled), journalists at the scene of such an incident would need to get everyone at the site to sign the proper release forms before turning on their cameras?”

          Well in the courts probably not so narrow of view of what happened his privacy was breached.

          There is a lot that cannot be known from the article, or the linked article that was in English.

          Was the violence the only thing he was charged with? If so, then filming on his land without permission and then broadcasting it was breaching his privacy.

          Was the film broadcast before the conviction? If it was then not pixelating him out was a breach of privacy. Pixelating people out is what normally happens and no release form is needed to broadcast, we see it all the time for investigative journalism.

          “What was filmed and later broadcast by France Télévisions was not news?”

          Would it have been any less news if he was pixelated out?

          News that they were part of because they were trespassing. France Télévisions were taking the law into their own hands. Maybe there would have been no violence if they had reported their suspicions to the police and came with the police and filmed.

  4. Tron Bronze badge

    Privacy, public safety and security: The tools of the censor.

    No liberté, égalité or fraternité online under Emperor Macron.

    1. IGotOut Silver badge

      Re: Privacy, public safety and security: The tools of the censor.

      Fine, can you let us know your address.

      We'd like to come round and get some photos of you in the buff photos and publish them all over the Web, along with all your contact information.

  5. HildyJ Silver badge
    Angel

    Streisand effect

    I totally missed this meme the first time around. Thanks for bringing it to my attention.

  6. Anonymous Coward
    Anonymous Coward

    French Hunters

    They were out protesting the recent ban on glue-trapping birds the other week. Psychopaths.

    1. Anonymous Coward
      Anonymous Coward

      Re: French Hunters

      I wonder, if a person merely lays traps and collects the result, would that make them a gatherer, rather than a hunter?

  7. Potemkine! Silver badge

    The most incredible thing is that it took more than 5 years for the French Justice to issue a judgement. That's pitiful.

  8. Anonymous Coward
    Anonymous Coward

    Paging Streisand!

    Ahh, there she is:

    https://newsbeezer.com/franceeng/man-with-shovel-and-slip-jean-marc-dutouya-is-back-in-court/

    (And I'm American, good luck trying to go after me. US law would even award me legal fees if somebody tried.)

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