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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...

IRIS 2021-1:1/31 [FR] Media chronology: health crisis prompts new film release window derogation

The decision taken to close cinemas on 30 October on public health grounds brought a halt to film screenings in cinemas. In order to protect producers and distributors, and to enable the public to continue watching the films available at the time, a decree was issued on 27 November 2020 shortening by up to four weeks the four-month period before works can be released on VOD or DVD/Blu-Ray under Article 231-1 of the Cinema and Animated Images Code. A similar measure had been taken under the emergency law passed on 23 March 2020 in response to the COVID-19 epidemic, after cinemas had been ordered...