Law on the Freedom of the Press of 29 July 1881

The Law on the Freedom of the Press of 29 July 1881 (French: Loi sur la liberté de la presse du 29 juillet 1881), often called the Press Law of 1881, is a law that defines the freedoms and responsibilities of the media and publishers in France. It provides a legal framework for publications and regulates the display of advertisements on public roads. Although it has been amended several times since its enactment, it remains in force to the present day.

It is often regarded as the foundational legal statement on freedom of the press and freedom of speech in France, inspired by Article 11 of the Declaration of the Rights of Man and the Citizen of 26 August 1789. At the same time, the law imposes legal obligations on publishers and criminalises certain specific behaviours (called "press offences"), particularly concerning defamation.

The Press Law was passed under the French Third Republic in 1881 by the then-dominant Opportunist Republicans who sought to liberalise the press and promote free public discussion. The new law swept away a swathe of earlier statutes, stating at the outset the principle that "Printing and publication are free".

Prior to 1881, French law had a complex and unclear set of laws that regulated public commentary. Slander was regulated by a thicket of jurisprudence that had grown during the century, and numerous laws had been enacted to regulate the press and public censorship at various points during the republican and monarchist regimes of the 19th century. In total, 42 different laws containing 325 separate clauses regulating the press were in force, having been passed over a period of 75 years by ten different governments. Slander against public officials attacked in their public functions was criminalised under a law of 1819, but by 1880 the distinction between private and public affronts had become far from clear. The free exercise of published speech was further limited by onerous requirements to obtain prior authorisation from the government and deposit a sum of "caution money".

In place of the confusing mass of legislation that preceded it, the Press Law established a number of basic principles. Publishing was liberalised, with the law requiring only that publishers present their names to the authorities and deposit two copies of every work. The authorities were denied the power to suppress newspapers and the offence of délits d'opinion (crimes of opinion, or types of prohibited speech) was abolished. This had previously enabled prosecutions of critics of the government, monarchy and church, or of those who argued for controversial ideas on property rights. The scope of libel was severely reduced, with the criteria for defamation being much more tightly defined. A limited number of "press offences" was retained, including outraging public morals, and insulting high-ranking public officials including the President of the Republic, heads of foreign states and ambassadors. The law also provided a right of reply for persons to respond to articles in which they were featured.

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