Bepanted shovel-toting farmer wins privacy payout from France TV
- Reference: 1631812212
- News link: https://www.theregister.co.uk/2021/09/16/bepanted_frenchman_wins_privacy_payout/
- Source link:
The set-to originally occurred back in 2015, when a French bird conservation group called the Ligue pour la Protection des Oiseaux (LPO, or Bird Protection League in English) invited a group of journalists to accompany them as they investigated a farm in Audon in southwestern France for bird traps.
Bird trapping, in which songbirds are trapped using various techniques and later eaten, is mostly forbidden in France, [1]but it is still practised in many regions either illegally or via legal exemptions issued for supposed small-scale trapping.
[2]
[3]According to thelocal.fr , the group duly sneaked on to the farm and began removing what they claimed were illegal traps set for finches from an area planted with corn. They were then confronted by two men, including furious farmer Jean-Marc Dutouya, who appeared wearing just a blue T-shirt and a pair of blue striped underpants and wielding a long-handled shovel like a pike.
[4]Biden to sign exec order calling for right-to-repair rules for farmers, maybe rest of us
[5]Three thousand sea birds abandon nests amid nature reserve drone crash hullabaloo
[6]Just what is the poop capacity of an unladen sparrow? We ask because one got into the office and left quite a mess
[7]Google allowed to remember search results to news articles it was asked to forget. Good
A fracas duly ensued between the bird enthusiasts and the farmers in which a number of LPO members alleged they were assaulted, Dutouya's octogenarian mother was reportedly shoved, and four vehicles had their tyres slashed.
For his part in the bepanted brouhaha, according to the Agence France-Presse, [8]Dutouya was fined €400 in 2018 for violence with a weapon.
[9]
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But footage of the scuffle shot by the journalists present went viral on the internet and Dutouya and his stripy pants became a sensation on Francophone Twitter, whose users referred to the incident using the hashtag #Slipgate (which translates to #Underpantsgate).
The livid Frenchman became the unwitting hero of countless memes in which his underwear-clad image – clipped from a photograph of the confrontation published by the Agence France-Presse agency – was superimposed onto unlikely surroundings, famous works of art and film scenes. One Twitter wag created an image in which the shovel was replaced by a lightsaber.
[11]
As a result of his unwanted fame, Dutouya sued national broadcaster France Télévisions – which had been among the journalists present and had shot video footage of the incompletely clothed contretemps – for breach of privacy and demanded damages of €200,000 for his bruised feelings, if not his chilly legs.
Yesterday (15 September) a court in the nearby town of Dax adjudicated in his favour, ordering France Télévisions to pay his legal costs and blur his image in their footage, but limiting his damages to only €10,000.
Following the victory, Dutouya's lawyer Frederic Dutin reacted with a measure of Gallic philosophy: "Can a man who is at home in his garden be thrown to the wolves in any old fashion? The courts say no."
[12]
The Register has asked [13]M.Dutin for further comment.
While this could be considered purely metaphorical, wild wolves began recolonising France in the 1980s, having crossed from Northern Italy into South East France. There is evidence that they are now present in most of the south of the country, [14]including the Landes department of the Nouvelle-Aquitaine region where Audon is situated.
The population is very small and the animals are very wary of humans, however, so if Dutouya were to be thrown to the wolves as his lawyer suggested, he would have to be thrown very carefully, as bird enthusiasts may wish to take note. ®
Get our [15]Tech Resources
[1] https://www.komitee.de/en/campaigns-and-operations/france/bird-trapping-in-france/
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/bootnotes&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YUO@nz@yfADTR4DS2XRArwAAARU&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://www.thelocal.fr/20210916/french-farmer-filmed-in-underpants-confronting-conservationists-wins-e10k-in-privacy-claim/
[4] https://www.theregister.com/2021/07/07/biden_right_to_repair_executive_order/
[5] https://www.theregister.com/2021/06/07/drones_blamed_for_bird_disaster/
[6] https://www.theregister.com/2021/05/24/birds/
[7] https://www.theregister.com/2020/07/28/google_allowed_to_remember_search/
[8] https://www.geo.fr/environnement/violence-entre-chasseurs-et-lpo-prison-avec-sursis-requise-pour-l-homme-la-pelle-188919
[9] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/bootnotes&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YUO@nz@yfADTR4DS2XRArwAAARU&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[10] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/bootnotes&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YUO@nz@yfADTR4DS2XRArwAAARU&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[11] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/bootnotes&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YUO@nz@yfADTR4DS2XRArwAAARU&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[12] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/bootnotes&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YUO@nz@yfADTR4DS2XRArwAAARU&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[13] https://www.dutin-avocat-mont-de-marsan.fr/blog
[14] https://wildlifeinfrance.com/mammals-france/wolf-in-france
[15] https://whitepapers.theregister.com/
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*
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"
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.
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.
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.
Privacy, public safety and security: The tools of the censor.
No liberté, égalité or fraternité online under Emperor Macron.
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.
The last two paragraphs are pure gold, have a well deserved cold one on me!