Cour de cassation (FR)
| 14.02.2024
It follows from the clear and precise provisions of Article 21 of Regulation (EU) No 596/2014 of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC and Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (the MAR regulation) that, where the dissemination of information is made for the purposes of journalism, the infringement involving the dissemination of false or misleading information as provided for in Article 12(1)(c) of that Regulation must be assessed by taking into account the rules relating to the freedom of press and freedom of expression in other media and the rules or codes governing the journalist profession, unless the persons concerned or persons closely associated with them derive, directly or indirectly, an advantage or profits from the dissemination of the information or if such dissemination was carried out with the intention of misleading the market.
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