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IRIS 2011-6:1/16 [FR] Ban on Broadcasting Programme Showing a Minor in Difficult Circumstances without Obtaining Parents’ Authorisation

As part of its duty to protect children and young people, conferred on it by Article 15 of the Act of 30 September 1986, the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) ensures not only the protection of young viewers but also the protection of minors taking part in television programmes. On 17 April 2007 it therefore adopted a deliberation on the participation of persons under the age of 18 in television programmes other than works of fiction (see IRIS 2007-6/17). This text reaffirms the need for young people to be able to express their opinions, and requires editors...

IRIS 2011-5:1/23 [FR] Inclusion of Advertising Posters in Audiovisual Fiction Programmes and Product Placement

France Télévisions has asked the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) to look into the regulations on product placement in audiovisual fiction programmes, and more particularly the inclusion of advertising posters (virtual or real) on the sets for series and TV films. Since the decision adopted by the CSA on 16 February 2010 in application of Article 14-1 of the Act of 5 March 2009 transposing the AVMS Directive (see IRIS 2010-4/23) into national legislation, product placement has been authorised in France “in cinematographic works, audiovisual fiction works and...

IRIS 2011-5:1/22 [FR] “Web COSIP” Decree Published

The “Web COSIP” Decree, announced last October by the Minister for Culture who wanted to see it in place by 1 January 2011 and awaited since then by the profession, was finally gazetted on 3 April 2011. The text, which is applicable immediately, extends the benefit of financial support to audiovisual production (“COSIP”) other than works intended for television. It supplements the existing CNC support arrangements of selective support in favour of projects for the new media, which has been in existence since 2007, and selective and automatic for audiovisual works using “mixed” financing (TV and...

IRIS 2011-5:1/21 [FR] Wrongful Imitation of a Reality TV Programme

The commercial court in Paris has delivered an important judgment in a dispute between the famous production company Endemol, the exclusive international distributor for the format of the “Big Brother” broadcast and its various adaptations (in France, the programmes “Loft-Story” and “Secret Story”), and the company ALJ Productions, founded by a former Endemol employee. Endemol claimed that “Dilemme”, produced by ALJ and broadcast on the W9 DTV channel, used the features characteristic of its own formats and programmes, and that its broadcasting constituted unfair parasitic competition. The court...

IRIS 2011-5:1/5 European Commission: The Commission Finishes the Preliminary Analysis of AVMS Implementation Measures

The European Commission has finished the preliminary analysis of the measures implementing the Audiovisual Media Services (AVMS) Directive into national law notified by 16 Member States: Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Greece, Ireland, Italy, Malta, the Netherlands, Romania, Spain, Sweden, Slovakia and the United Kingdom. Subsequently, the European Commission has sent fact-finding letters to these states inquiring about these implementing measures. The Commission is thus seeking to ensure that all provisions of the AVMS Directive have been correctly transposed into...