Wednesday, September 05, 2007

If France Leadership is Authentic, then Tell the Truth

France 2's news broadcast on the death of Mohammed Al Durah was fraudulent. The image of Mohammed Al Dura, a 12-year-old Palestinian boy crouched in terror behind his father as he allegedly becomes the fatal victim of Israeli bullets, has become an icon of Palestinian "martyrdom," fueling Arab hatred of and violence against Israel. But the controversy around the authenticity of the event and its original broadcast by French Public Television continues to simmer.
On September 12, 2007—a year after the original trial of France 2 vs. Philippe Karsenty—Karsenty's appeal will finally be heard. The original trial involved plaintiffs Charles Enderlin, France 2's Middle East correspondent, and Arlette Chabot, France 2's news director, charging defendant Philippe Karsenty, founder of the French online media watchdog, Media Ratings, with defaming their honor and reputations by writing an article (posted on his Web site) that suggested France 2's news broadcast on the death of Mohammed Al Durah was fraudulent. (See France 2 Counters Accusations With Lawsuits)

Philippe Karsenty
The belief of Karsenty and many others that France 2 broadcast a staged scene is based on an extensive investigation by the French-language Israeli news agency MENA. Gerard Huber, a psychoanalyst and former correspondent for MENA wrote a book entitled "Contre-expertise d'une mise en scene" (Re-evaluation of a Staged Event) that puts forth evidence suggesting that this was a staged scene. Moreover, the raw film footage of the scene, which France 2 steadfastly refuses to make public, directly contradicts the description given by Middle East correspondent Charles Enderlin. Rather than showing the death throes of 12-year-old Mohammed Al Dura, as Enderlin had claimed and on which he presumably based his report, the footage shows Palestinians pretending to be shot, then springing up to replay the same scenes over again, according to the few journalists who were permitted to view the raw footage of the event. (See BACKGROUNDER: Mohammed Al Dura) Richard Landes, a Boston University historian who also came to believe that the entire Al Dura scene was a hoax, devotes a blog, Augean Stables, and a Web site, The Second Draft, to media manipulation and specifically to the Al Dura case. He has produced three films—Pallywood, The Birth of an Icon, and Icon of Hatred—presenting evidence that the Al Dura scene was staged. (See Second Draft: Movies)

Charles Enderlin
Still other journalists, including German documentary filmmaker Esther Shapira and Atlantic Monthly correspondent James Fallows, while avoiding the charge that the Al Dura death was a hoax, maintain that Charles Enderlin's broadcast of Al Dura's death was inaccurate and misleading. Fallows, for example, expressed his certainty that Al Dura could not possibly have been killed by Israeli fire, contrary to what Enderlin asserted. (See Mohammed Al Durah: Anatomy of a French Media Scandal) He wrote:
It now appears that the boy cannot have died in the way reported by most of the world's media and fervently believed throughout the Islamic world. Whatever happened to him, he was not shot by the Israeli soldiers who were known to be involved in the day's fighting ...The truth about this case will probably never be determined.
But in France, the media apparently believes it is above reproach. Rather than publicly airing the raw footage of the Al Dura event and apologizing for misleading the public about the boy being shot by Israelis, Charles Enderlin and France 2 have continuously dug in their heels, covering up with lies (See The Al Dura Cover Up, The Al Dura Affair: France 2 Misleads About a U.S. Congressional Report, Charles Enderlin: Further Cover-Up of the Al Dura Affair , and France 2 Counters Accusations with Lawsuits). Instead, they have brought lawsuits against French citizens who have dared accuse them of dishonesty and media manipulation.

Palais de Justice (Paris)
Those who attended the original September 14, 2006 lawsuit against Karsenty were stunned by the judgement which departed from the norm by going against the recommendations of the Procureur de la Republique, the public prosecutor representing the people, who found in Karsenty's favor. The role of the procureur is to make recommendations about the trial to the judge, and although judges are not obliged to follow these recommendations, they traditionally do.
Since the plaintiffs did not appear in court and there were no witnesses, the prosecution's case rested on written testimony of the reputability of Enderlin and France 2's staff, including a 2004 letter written by former President Jacques Chirac attesting to Enderlin's integrity.
Karsenty's defence included testimony by Karsenty himself, Francis Balle, media professor and former member of the CSA (radio and television regulatary board, similar to the American Federal Communications Commission), Luc Rosenzweig, former journalist for the French daily Le Monde who was one of the few who viewed the raw footage of the event, Richard Landes, and Gerard Huber. All concurred that there was ample evidence to support Karsenty's allegation that the scene was staged.
After hearing both sides, the Procureur de la Republique, Sandrine Alimi-Uzan, concluded that Karsenty was not motivated by personal animosity and that he made his accusations against Enderlin in good faith, offering convincing evidence that his allegations defaming the reputation of Enderlin and France could indeed be true. As a journalist, Enderlin had the obligation to verify his account of the events. Karsenty's article, while controversial, was based on serious investigation, and should not be dismissed out-of-hand as did France 2. The recommendation of the Procureur was that Karsenty be acquitted. Yet, the final judgement of the court was in France 2 and Enderlin's favor. Karsenty was ordered to pay symbolic damages. (See translation of judgement )
Karsenty is now appealing this judgement. He says his fight is about being allowed to argue that the Al Dura event was staged. "I'm not asking the judge to say 'yes, it was fake' but I'm asking him to say, 'when Karsenty said it was fake, he was in good faith to say it with the information he had at the time.'"
It is extremely difficult for Americans to comprehend this apparent lack of media accountability and individual freedom of speech in France.

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