France

[FR] Sports piracy: Arcom publishes model agreements designed to improve communication between rights holders and technical intermediaries

IRIS 2026-6:1/8

Amélie Blocman

Légipresse

In the event of serious and repeated infringements of audiovisual exploitation rights and neighbouring rights relating to sports events or competitions committed by online public communication services whose main objective, or one of whose main objectives, is the unauthorised broadcasting of such competitions, Article L. 333‑10 of the French Sports Code provides sports rights holders (leagues, federations, television channels) with a fast-track procedure before the president of the judicial court. The judge, ruling in summary proceedings or under the expedited procedure on the merits, may order blocking and delisting measures and, more broadly, any proportionate measures to prevent access to unlawful content, including for websites not yet known at the time of the decision, for up to 12 months. At the same time, the French audiovisual regulator (Autorité de régulation de la communication audiovisuelle et numérique – Arcom) remains responsible for continuously updating the list of sites to be blocked in order to keep pace with the evolution of pirate sites and their so-called "mirror" sites.

The number of delisting orders issued by the courts against search engines, as well as those notified by Arcom at the request of rights holders, has increased significantly in recent years. In 2025, 1 845 of 6 496 blocked services were delisted.

Domain name resolution services (alternative DNS) and virtual private network (VPN) providers are used by internet users to circumvent blocking measures implemented by internet service providers (ISPs). In response to this phenomenon, 81% of blocking requests sent to ISPs were also sent to alternative DNS providers in 2025, amounting to 5 263 requests. As regards VPN providers, the first court rulings were handed down in May 2025, since when Arcom has requested the blocking of 598 domain names from such providers, following referrals from rights holders.

Arcom recommends that rights holders and any intermediary implementing measures ordered under Article L. 333-10 enter into discussions with a view to concluding agreements that would reflect their shared commitment to combating the unlawful broadcasting of sports events and competitions as effectively as possible. In this context, Arcom has adopted two model agreements to serve as a basis for such discussions. One is intended for rights holders and search engine operators; the other for rights holders and intermediaries implementing blocking measures to prevent access to unlawful online public communication services such as domain name resolution services and virtual private network providers.

These model agreements are intended to facilitate pre-litigation and litigation procedures. They also define the types of measures that may be implemented by intermediaries in order, on the one hand, to prevent search engine operators from listing unlawful online public communication services whose main purpose, or one of whose main purposes, is the unauthorised broadcasting of sports competitions or events, and, on the other, to prevent access to those same services. They also set out the procedures for transmitting the identification details of the services in question to the various intermediaries.

On 29 June, the National Assembly will examine the draft bill on the organisation, management and funding of professional sport, which provides, in particular, for the amendment of Article L. 333-10 of the Sports Code to enable Arcom to block access in real time to illegal broadcast sources during the live broadcast of sports events.