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IRIS 2022-8:1/9 [FR] Conseil d’Etat rejects appeals against EUR 200 000 fine imposed by CSA against CNews

Following the broadcast of the programme “Face à l'info” on CNews on 20 September 2020, the Conseil Supérieur de l'Audiovisuel (French audiovisual regulatory body – CSA) (now ARCOM) fined the broadcaster EUR 200,000 pursuant to Article 42-1 of the Law of 30 September 1986 after the political commentator Eric Zemmour said several times on air that foreign “unaccompanied minors” were “for the most part”, “thieves”, “rapists” and “murderers”. Eric Zemmour and the broadcaster both asked the Conseil d’Etat...

IRIS 2022-8:1/10 [FR] Abolition of TV licence fee conditionally approved by Constitutional Council

Under the Loi de finances rectificative pour 2022 (Amended Finance Law for 2022, law no. 2022-1157 of 16 August 2022), the television licence fee that funds French public broadcasters (France Télévisions, Arte-France, Radio France, RFO, RFI) and the Institut national de l'audiovisuel (National Audiovisual Institute) was abolished. The EUR 138 fee (EUR 88 in the French overseas territories) was paid by every taxable household and brought in EUR 3.7 billion to the state each year. It will be replaced by a percentage of VAT revenue until the end of 2024. In particular, Article 6...

IRIS 2022-7:1/9 [FR] Blocking of streaming sites illegally retransmitting Roland-Garros tennis matches

The Fédération française de tennis (French Tennis Federation – FFT), the official organiser of the Roland-Garros French Open tennis championships held in Paris from 16 May to 5 June 2022, discovered that several websites accessible on French soil were broadcasting, free of charge, live streams of matches to which it held the exclusive broadcasting rights. On the basis of Article L. 333-10 of the French Sport Code, introduced under the Act of 25 October 2021, it filed a summons for urgent proceedings against the main Internet access providers in order to prevent the 19...

IRIS 2022-7:1/10 [FR] Court rejects politician’s request for reinstatement of Twitter account suspended because of hate content

A French politician and polemicist involved in the recent presidential election campaign as a supporter of the candidate of the Reconquête party, of which he had been the official spokesperson at the time, asked the courts to reinstate his Twitter account, which had been suspended. The plaintiff's account, which had 164,000 subscribers, had been suspended by the social network after he published the following tweet: “#Migrants #violence Pas un jour, PAS UN, sans que des #migrants d'#Afrique du #Nord ou subsaharienne s'attaquent aux #Français. Si nous faisions...

IRIS 2022-7:1/11 [FR] ARCOM sanction procedure clarified

Article 42-7 of Act no. 86-1067 of 30 September 1986 describes the procedure that should be followed by the Autorité de régulation de la communication audiovisuelle et numérique (Regulatory Authority for Audiovisual and Digital Communication – ARCOM) when it opens sanction proceedings against audiovisual service providers, designed especially to guarantee respect for the rights of defence and the adversarial principle. It was amended by Act no. 2021-1382 of 25 October 2021 on the regulation and protection of access to cultural works in the digital age in order to allow...