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IRIS 2021-2:1/9 [FR] Fight against online hate speech addressed again in bill “strengthening respect for the principles of the Republic”

The torrent of anti-Semitic tweets targeting the Miss France runner-up on the evening of the beauty pageant on 20 December 2020 once again brought into sharp focus the need to strengthen the tools available to combat online hate speech in France. The law to combat hate speech on the Internet, known as the “Avia law”, of 24 June 2020, which required social networks to remove manifestly illegal hate speech within 24 hours (or one hour in some cases), was almost entirely rejected by the Constitutional Council. One of the few provisions to escape criticism concerned the creation of a “parquet...

IRIS 2021-2:1/10 [FR] Conseil d'Etat rules that cinema closures did not constitute a manifestly illegal infringement of the freedom of expression due to the high virus transmission rate

Several dozen artists, theatres and representatives of the live entertainment and cinema industries asked the Conseil d’État judge responsible for urgent applications on matters concerning fundamental freedoms to suspend the closure of cinemas, theatres and performance venues ordered by the French Government since 29 October 2020 on account of the COVID-19 pandemic. On 10 December 2020, the Prime Minister announced that these venues, as well as museums, would remain closed for at least three weeks after the end of the lockdown, which was set for 15 December 2020. As the plaintiffs...

IRIS 2021-2:1/11 [FR] Adoption of ordinance transposing AVMS Directive

Law No. 2020-1508 of 3 December 2020 authorised the French Government to adopt an ordinance transposing Directive (EU) 2018/1808, known as the Audiovisual Media Services Directive (AVMSD), after the wide-ranging bill on audiovisual communication and cultural sovereignty in the digital age was abandoned because of the health crisis. Without further ado, the ordinance of 21 December 2020 was adopted, amending the Freedom of Communication Act of 30 September 1986, the Cinema and Animated Images Code and the system of film release windows. The new legislation has two objectives: to protect the sustainability...

IRIS 2021-1:1/33 [FR] CSA publishes extensive study on the distribution of fake news on Twitter

Under the Act on the fight against the manipulation of information of 22 December 2018, the French national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) was given new powers in this area. The CSA therefore wished to learn more about the mechanisms used to spread fake news, a problem exacerbated by the COVID-19 pandemic, by commissioning a specific study of the Twitter social network. The data required for the study was collected using Twitter’s open API (interface), which can be used to collect the Tweets posted from an account, statistics specific...

IRIS 2021-1:1/32 [FR] Court rejects former Numéro 23 owner’s CSA compensation claim

In a ruling of 12 November 2020, the Paris administrative court rejected a request from the former owner of the channel Numéro 23, who was claiming EUR 20.2 million in compensation from the French national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA). The DTT channel, now owned by the NextRadioTV group and renamed RMC Story, had been sanctioned by the CSA in 2015, when its broadcasting licence had been withdrawn and its sale to NextRadioTV blocked on the grounds of fraudulent speculation. This sanction had been overturned by the Conseil d’Etat...