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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...

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...

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...

Access to the audiovisual media is important for associations and the causes they defend, as they are able in this way to make their action more widely known and, for those that appeal to public generosity, to make potential donors more aware of the issues involved and persuade them to donate. In 2009, in the run-up to the Téléthon (a programme lasting several hours organised by the French association to combat myopathies (Association Française contre les Myopathies), the aim of which is to collect funds), there was some discussion on the place that a cause defended by a specific association could...

Speaking in March 2010 in a television debate on the integration of immigrants, a reporter said, “Why are these people getting their ID checked so often? Why? Because most traffickers are Blacks and Arabs - that’s just the way it is, it’s a fact.” He was prosecuted after complaints were made by a number of anti-racism associations on the grounds of racial defamation and provocation of racial hatred. Article 32 (2) of the Act of 29 July 1881 on the freedom of the press lays down a sentence of one year’s imprisonment and/or a fine of EUR 45,000 as the penalty for public defamation committed “in respect...