France

[FR] Does the CSA have Authority to Regulate Audiovisual Services on the Internet?

IRIS 1999-4:1/2

Amélie Blocman

Légipresse

Faced with the proliferation of radio and television broadcasting services on the Internet, the Conseil supérieur de l'audiovisuel (CSA - official audiovisual monitoring body) is initiating a large-scale international forum on the crucial subject of the regulation of these services. The purpose is to make serious progress in regard to three major points: Does the Internet make it necessary to reconsider the legal framework for audiovisual communication? How should areas of responsibility be constituted? Are the independent regulatory bodies justified in participating in the regulation of audiovisual communication services on the Internet? The regulators find themselves faced with the following choice: either two radically different systems are left in existence depending on whether the services are available on the Internet or broadcast by conventional means, or a single system is set up regardless of the means of broadcasting. Backed up by the proposals contained in the report by the Conseil d'État on "Internet and digital networks" (see IRIS 1998-9: 3), the CSA considers that radio and television services on the Internet should remain under the supervision of the authority which supervises audiovisual programmes. At present, the extensive definition of the concept of audiovisual communication services used in French law means that this could cover most of the services available on the Internet. The CSA is therefore proposing an initial attempt at a restrictive definition which could thus mark out a more precise area of responsibility for audiovisual regulators: "those audiovisual services on the Internet which transmit in real or almost real time a flow of sound and/or animated images aimed at a non-specific audience". But does the same apply in other countries? Foreign regulatory bodies, professionals, specialist lawyers and Internet users are therefore being asked for their comments, and a summary will be presented at the "world regulators summit" organised by the CSA under the auspices of UNESCO on 30 November and 1 December this year in Paris.