Why would that matter?
The French knew that the press would still get the story no matter what (it's not as if journalists can't figure out where the back door is or get tips from insiders).
So their law targets journalists for prosecution.
Would you propose arresting cops on charges of . . . being insufficently sneaky in concealing suspects?
First Amendment or mollycoddling suspects: that's the choice here.
If the French really believed the images were so disgusting, humiliating and depriving DSK of his humanity and dignity, why did they splash them across the front page of every newspaper and magazine in France?