🔎Artistic Freedom of Expression and the Protection of the Right to respect for One’s Voice
Court of cassation, first civil chamber, 24 june 2026, case n° 25-20.483
In a judgment delivered on 24 June 2026, the French Court of Cassation clarified the limits of artistic freedom of expression and, for the first time, recognized the voice as an attribute of personality protected under Article 9 of the French Civil Code.
In July 2021, a song questioning the discriminatory role of physical appearance as a factor in professional success was released.
The song incorporated controversial extracts from an interview given on a web radio station by an author, journalist, and specialist in French chanson, concerning the importance of artists’ physical appearance.
The appeals brought before the Court raised two questions.
First, the Court had to determine whether a person’s voice is protected under the right to respect for private life, as guaranteed by Article 9 of the French Civil Code and Article 8 of the European Convention on Human Rights.
Second, if so, it had to decide whether the use of controversial public statements in a musical work, responding to a public debate on discrimination based on physical appearance, contributed to a matter of general public interest.
On the first issue, the First Civil Chamber ruled, on the basis of Article 9 of the French Civil Code and Article 8 of the Convention, that a person’s voice constitutes an attribute of personality, just like their image. Consequently, the right to respect for one’s voice must be balanced against the freedom of expression protected by Article 10 of the European Convention on Human Rights.
On the second issue, applying the proportionality test that has now become well established, balancing the competing rights and giving precedence to the one that proves most legitimate in the circumstances of the case, the Court quashed the appeal judgment for having ruled that no debate of general public interest existed, even though the disputed statements had sparked significant public controversy and concerned an important social issue.
By recognizing, for the first time, the right to respect for one’s voice, this decision also reaffirms the importance of protecting artistic freedom of expression, particularly where artistic works contribute to a debate of general public interest.
