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IRIS 2023-1:1/8 [FR] Conseil d’Etat powerless to annul ARCOM’s formal notice requiring pornographic website to block access to minors

The provider of the Pornhub website asked the Conseil d'Etat (Council of State) to annul the formal notice addressed to it on 13 December 2021 by the president of the Conseil supérieur de l’audiovisuel (the previous French audiovisual regulator – CSA), which has since been replaced by ARCOM, on the grounds that the CSA had acted outside its remit. Alleging that the company was allowing minors to access pornographic content, the formal notice ordered it to take all necessary measures to comply with Article 227-24 of the Penal Code. According to Article 23 of the Law of 30...

IRIS 2023-1:1/12 [FR] ARCOM issues C8 with formal notice for failing to exercise restraint in relation to ongoing judicial proceedings and opens sanction procedure

Following a heated argument between TV presenter Cyril Hanouna and an opposition MP on the set of the programme ‘Touche pas à mon poste’, broadcast on C8 on 10 November 2022, the French audiovisual regulator, ARCOM, through its director general, announced that it had referred the matter to the independent rapporteur, a member of the Conseil d’Etat, in accordance with Article 42-7 of the Law of 30 September 1986. Taking into account previous warnings issued to the C8 channel, the rapporteur considered that the incident justified the instigation of a sanction procedure. The...

IRIS 2022-10:1/1 [FR] CNC to assess impact of unlimited cinema pass extension 

Following an opinion issued by the French competition authority, the right of cinema operators to sell unlimited passes was extended until 31 December 2023 under decree no. 2022-1296 of 6 October 2022, in accordance with Articles L. 212-27 et seq. of the Cinema and Animated Image Code. In order to offer customers an unlimited pass, cinema operators must first apply for a licence from the president of the Centre national du cinéma et de l'image animée (National Centre for Cinema and the Moving Image, CNC) in accordance with Articles L. 212-27 et seq. of the Cinema and Animated...

IRIS 2022-10:1/2 [FR] New ARCOM recommendation on commercial communications promoting gambling and games of chance

Commercial communications promoting authorised gambling operators are permitted under certain conditions and limitations set out in Article L. 320-12 of the Internal Security Code which, as well as prohibiting such communications in services or programmes aimed at minors, requires the French audiovisual regulator (ARCOM) to set out in a resolution the conditions under which they may be broadcast. Under ARCOM resolution no. 2022-57 of 19 October 2022, which revokes the resolution of 22 January 2013 on the conditions for the television and radio broadcasting of commercial communications promoting...

IRIS 2022-10:1/3 [FR] Broadcaster can force distributor to make viewers pay for its DTT channels 

In a decision of 28 September, the commercial chamber of the Court of Cassation settled a dispute between Métropole télévision and the Molotov distribution platform. Métropole télévision, parent company of the M6 group, together with its subsidiaries EDI-TV and M6 génération, operate the television channels M6, W9 and 6TER, which they broadcast free-to-air and free of charge via digital terrestrial television (DTT) and the open Internet (OTT). They allow distributors to include their channels in their pay-TV packages, which are accessible...