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In a notable response to the reasoned opinion issued on 29 September by the European Commission holding that the arrangements provided for by the 1986 Act granting additional “compensatory” channels to the three historic groups TF1, M6 and Canal+ were contrary to European Union law (see IRIS 2011-9/7), Prime Minister François Fillon announced a number of measures on 11 October. Firstly, a bill is to be tabled within a period of two months with a view to repealing the arrangement for “compensatory” channels. Secondly, in order to enable viewers to benefit from a wider audiovisual offer without having...

On 19 October 2011 the Conseil d’Etat rejected the applications brought by the Apple companies and the Internet access provider FDN against the decrees on the organisation and functioning of the high authority for broadcasting works and the protection of rights on the Internet (Haute Autorité pour la Diffusion des Oeuvres et la Protection des Droits sur Internet - HADOPI). In doing so, the Conseil d’Etat validated the “graduated response” procedure, which it deems to be in compliance with the European Convention on Human Rights. This procedure, set up by the Acts of 12 June 2009 and 28 October...

The purpose of the international tax credit instituted by the 2009 Budget and embodied in Art. 220 quaterdecies of the General Tax Code is to make it easier to shoot and manufacture in France cinematographic and audiovisual works originated by a non-French producer and containing elements that attach it to the culture, heritage or territory of France. Thus the tax credit is granted to a company that carries out the executive production of a work in France, subject to the company being approved by the national cinematographic centre (Centre National de la Cinématographie - CNC). The credit represents...

The public-service television company France Télévisions has just adopted a “Channels Charter”. Its Chairman and Managing Director, Rémy Pflimlin, claims it is the first to be drawn up by an audiovisual group in France. Public-sector television has a particular role to play in the country’s democratic life as well as in its social and cultural life - on the basis of this idea, the France Télévisions group wanted to define the fundamental principles that ought to determine the course of its action and that of its employees. The text recalls the “ethical rules” and the “public-service missions” required...

During the summer, the Conseil d’Etat received an application under the urgent procedure from Edonys, the international television channel devoted to wine, represented by Media Place Partners, which had been refused a broadcasting convention at the end of March 2011. The channel wishes to broadcast discussions and documentaries on the wine sector and to propose interactive tastings. However, this is not allowed under the “Evin Act” which bans all direct or indirect advertising in favour of alcohol (as stated in Article L. 3323-2 of the Public Health Code). Edonys called for the suspension of performance...