The Verviers court on Tuesday considered as not established the existence of a fault constituted by the prevention of harassment, in the context of the case between a cyclist and the father of a little girl knocked down by this cyclist, on December 25. in the Fens. A reopening of the debates was however ordered in order to possibly requalify the facts. New pleadings will begin on April 4.
The cyclist, given the media frenzy, reproached that the father had caused him harm by broadcasting a video on the Internet and had asked the civilian for compensation up to the amount of his bike, or 4,500 euros. “My client’s goal is not to make money. He wants to make people aware that you can’t do just anything on social networks. The consequences are dramatic for my client who has not been able to get back on his two-wheeler since this story“, had indicated Me Culot, in November 2021.
Two versions, two interpretations
Verviers justice also ordered a reopening of the proceedings in order to hear the parties explain themselves as to the existence of an infringement of the personality rights of the plaintiff, i.e. the cyclist, as to the balance between the right to the freedom of expression of the defendant, the father, and the personality rights of the plaintiff, the cyclist, and as regards respect for the principle of proportionality.
“Justice has ruled on two issues”comments Me Englebert aupres de l’agence Belga. “Firstly that there was no harassment and confirmed that posting a video on the internet falls under freedom of expression and Article 10 of the European Convention on Human Rights, whereas the lawyer for the opposing party claimed that this article 10 did not apply. What is questionable at this stage is that justice considers that there may be an invasion of privacy, the right to image and reputation and that additional elements have not yet been raised. However, the opposing party has never invoked this”.
A new procedure will thus begin. The next pleadings are scheduled for April 4, 2023 and will then give rise to a judgment, which may be appealed.
