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IRIS 2024-7:1/10 [FR] Request for preliminary ruling on constitutionality of ARCOM’s powers to sanction broadcast of insulting comments

In support of its application for the annulment of decision no. 2023-63 of 9 February 2023 in which it was fined by ARCOM (the French audiovisual and digital communications regulator), the C8 company requested that the Conseil constitutionnel (Constitutional Council) be asked to examine the constitutionality of several provisions of the Law of 30 September 1986 on freedom of communication. Under the disputed provisions, ARCOM is authorised to impose penalties without prejudice to any criminal court proceedings brought by the public prosecutor’s office or individuals under ordinary law for...

IRIS 2024-7:1/11 [FR] ARCOM fines C8 EUR 50 000 for broadcasting report infringing disabled people’s rights to image, honour and reputation

The so-called ‘zombie drug’ xylazine was the subject of a report broadcast during an episode of “PAF avec Baba” on C8 on 12 September 2023. The programme’s presenter introduced the topic as follows: “Two videos have recently gone viral [...] where several people can be seen in the streets of Rouen, in the middle of France, behaving like zombies. According to the makers of the video, they had consumed xylazine, a drug that makes its users resemble zombies […]”. Images of people allegedly under the influence of the drug were then shown several times....

IRIS 2024-6:1/14 [FR] Conseil d’État rejects application for TikTok ban in New Caledonia to be suspended

On 15 May 2024, following a serious breakdown of law and order two days previously (armed confrontations, attacks on and destruction of public buildings, infrastructure and shops, with many human casualties and paralysed public services and transport networks), the President of the Republic, Emmanuel Macron, declared a state of emergency in New Caledonia. The day before, it had been decided that access to the TikTok social network should be blocked in New Caledonia because it was being used to facilitate the violence. On the basis of Article L. 521-2 of the Administrative Justice Code, various...

IRIS 2024-6:1/15 [FR] New digital safety and regulation law

Law No. 2024-449 of 21 May 2024 aiming “to secure and regulate the digital space” was published in the French Official Gazette after being examined by the Conseil constitutionnel (Constitutional Council). The first section of the law aims to prevent minors accessing pornographic websites. To this end, it gives the Autorité de régulation de la communication audiovisuelle et numérique (French audiovisual regulator – ARCOM) the task of drawing up minimum technical standards that must be met by age verification systems set up by publishers and online video-sharing...

IRIS 2024-5:1/6 [FR] Signature of a global partnership between Prime Video and LaScam

On 22 April 2024, Prime Video and LaScam (Société civile des auteurs multimédia, a collective management organisation for multi-media authors) signed a licensing agreement for France, Belgium and Luxembourg, which allows Prime Video to use the LaScam repertoire of works on its video-on-demand (VOD) service. In its press release, LaScam announced that the agreement foresees an appropriate and proportional remuneration for authors affiliated with LaScam and those from other organisation with which LaScam is bound by reciprocity agreements. The agreement enshrines Prime Video...