"Houris," Winner of 2024's Prix Goncourt

By Kiara Carrière
Various editions of Gallimard's NRF series (a prestigious French literary review that has been in publication since 1908), "Houris" is also part of NRF. / Image credit: Mary Brooks Bruner
When Fiction Draws from Reality, Is Consent Necessary?

On November 4, 2024, Franco-Algerian writer Kamel Daoud was awarded the prestigious Prix Goncourt for his novel Houris, published by Gallimard.

What is the Prix Goncourt?

The Prix Goncourt is one of the most prestigious literary awards in France. Each year, it honors a novel (typically) written in French that showcases "the best work of imagination in prose." Although the monetary reward is symbolic (just 10 euros), the prize brings significant visibility and prestige to the winner, often leading to a sharp increase in their book sales.

Houris: A Voice for Algeria's Black Decade Survivors

The narrative of Houris delves into the aftermath of Algeria’s "Black Decade," a period of civil war in the 1990s, through the story of Aube, a young woman who survives an Islamist massacre in '99. The novel also portrays the physical and psychological suffering of the protagonist, who endures trauma after surviving an attempted throat-slashing that leaves her nearly voiceless. The book has been praised for its depth and its ability to give voice to the suffering of women during this dark chapter of Algeria's history.

From Acclaim to Controversy: The Accusations

However, shortly after the award announcement, controversy erupted. Saâda Arbane, a survivor of a massacre during the Algerian civil war, accused Kamel Daoud of using confidences she had shared during therapy sessions with his wife, psychiatrist Aïcha Dahdouh, without her consent. 

Arbane claims the main character of Houris bears striking resemblances to her own experiences, including the loss of her family and subsequent traumas. She stated that she recognized elements of her life in the novel: “her cannula (for breathing and speaking), her scars, her tattoos, her hair salon.” In August 2024, she filed two complaints against Kamel Daoud and his wife. According to her lawyer, the first complaint was lodged on behalf of the National Organization for Victims of Terrorism (ONAVT), and the second was filed on behalf of the individual victim. These actions were taken shortly after the book’s publication and well before the Goncourt Prize was awarded in early November.

The Legal and Ethical Boundaries of Fictionalizing Real Lives

The complaints allege a violation of medical confidentiality, as the psychiatrist — Daoud’s wife — allegedly handed over her patient’s case details to her husband, as well as defamation of victims of terrorism and a violation of the national reconciliation law, which prohibits publications about the "Black Decade" of civil war between 1992 and 2002.

This case raises complex questions about the boundaries between fiction and reality and the respect for privacy in fictional works. Using real-life events or personal testimonies in a fictional narrative can enrich the story, but it also presents ethical and legal challenges. Saâda Arbane denounces a violation of her privacy. She alleges that three years ago, the psychiatrist invited her over for coffee at her home, where Kamel Daoud asked if he could tell her story in a novel. She claims to have refused this request.

Artistic Freedom vs. Personal Privacy: Where to Draw the line?

The question of whether consent is necessary when fiction draws from reality sparks a nuanced debate between artistic freedom and respect for individual privacy. Fiction, by its nature, draws upon human experiences, personal dramas, and collective histories to explore universal truths. However, when such inspirations are based on identifiable personal stories, the line becomes blurred: does an author have the right to transform an intimate pain into artistic material without the explicit agreement of those who lived it? 

On the one hand, the argument for creative freedom suggests that art can only thrive without censorship, even implicit. On the other hand, real-life experiences belong to those who lived them, and their appropriation without consent can be perceived as a violation or even exploitation. The key might lie in the author’s intentions and the degree of anonymization: a respectful work that transcends personal anecdotes to reach universal truths could ethically stand on its own, even without prior consent, whereas a work that reveals specific details with disregard for sensitivities risks crossing a morally debatable line.

Legal Protections and Literary Precedents in France

In France, the law protects the right to privacy, and the unauthorized use of identifiable elements from a person’s life can lead to lawsuits for defamation or invasion of privacy.

There are precedents where authors have faced legal actions for using real-life elements without consent. A notable example is the novel Sévère by Régis Jauffret (2010), inspired by the case of Swiss banker Édouard Stern, who was murdered in 2005. The book loosely fictionalized the case, portraying a woman accused of killing her lover. Although Jauffret claimed artistic freedom and emphasized that his work was fiction, Stern’s family sued him, arguing that the novel exploited their personal tragedy and violated their privacy.

Balancing Creativity and Respect

These examples underscore the need for authors to tread carefully when drawing from real events. Securing the consent of those involved or sufficiently anonymizing the elements used can help avoid legal conflicts. However, even with such precautions, the risk of controversy remains, highlighting the delicate balance between artistic freedom and respect for individual privacy.

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