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IRIS 2021-7:1/10 [FR] CNIL issues formal notices to 20 organisations in breach of new rules on cookies

On 25 May 2021, the Commission nationale de l'informatique et des libertés (French data protection authority – CNIL) announced that it had issued 20 formal notices to organisations, including international players in the digital economy and public bodies, for breaching the new rules on cookies. On 1 October 2020, the CNIL had published its guidelines and a new recommendation on consent to targeted advertising and the use of trackers in order to implement the principles of the General Data Protection Regulation (GDPR), which include the need to obtain explicit consent to collect...

IRIS 2021-7:1/11 [FR] Reassignment of Ligue 1 TV rights: competition authority rejects Canal Plus complaint against LFP

On 29 January 2021, the Canal Plus Group complained to the French competition authority about practices allegedly used by the Ligue de Football Professionnel (Professional Football League – LFP) when retendering the rights to broadcast Ligue 1 football matches following the collapse of Mediapro in January 2021. It accused the LFP of abusing its dominant position by only retendering the rights held by Mediapro without including those in package 3 (covering matches shown at 9pm on Saturdays and 5pm on Sundays) that had been awarded on 29 May 2018 to beIN Sports and subsequently sold on to Canal...

IRIS 2021-7:1/12 [FR] CSA issues CNews with formal notice concerning unbalanced airtime access for regional election candidates

The Conseil Supérieur de l'Audiovisuel (French audiovisual regulatory body – CSA) recommendation of 4 January 2011 concerning the principle of political pluralism on radio and television during election periods, which applied to all television services from 10 May 2021, required five weekly surveys to assess the amount of speaking time allocated to different candidates in the run-up to the first round of regional elections held on 20 and 27 June 2021. The various lists of candidates were entitled to fair access to airtime during the period concerned. The CSA takes into account...

IRIS 2021-6:1/5 [FR] Key provisions of Directive 2019/790 on copyright and related rights transposed into French law

The key provisions, namely Articles 17 to 23, of Directive 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market, were transposed into French law by Ordinance No. 2021-580 of 12 May 2021. Article 15 of the Directive had previously been transposed by the Law of 24 July 2019 creating a neighbouring right for press publishers and agencies. Under Article 1 of the Ordinance, a new Article L. 137-1 of the Intellectual Property Code (IPC) defines the scope of the services concerned by the transposition of Article 17. It...

IRIS 2021-6:1/6 [FR] Satirical song did not cross the boundary of freedom of expression

During the France Inter programme “Par Jupiter!”, in response to a Brazilian court’s decision to ban a film portraying Jesus Christ as a homosexual, a singer performed a satirical song entitled “La chanson de Frédéric F...” in which Jesus Christ was described as a homosexual in obscene and vulgar terms. The political think tank Fondation de service politique asked the Conseil d'Etat (Council of State) to annul the decision of the Conseil Supérieur de l'Audiovisuel (French audiovisual regulatory body – CSA) of 26 February 2020 in...