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IRIS 2010-10:1/31 [FR] Negative Opinion from CSA on Draft Decree on On-demand Audiovisual Media Services

The Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) was asked by the Government for its opinion on the draft Decree on on-demand audiovisual media services (AVMSs); it has now delivered a negative opinion, something it has not done since the beginning of the 1990s. Adopted in application of the Act of 5 March 2009 transposing the AVSM Directive into French law, the aim of the draft decree is to create a specific scheme for on-demand AVMSs (catch-up TV, VoD accessible by subscription or for individual videos), supporting production and promoting European works and works originally...

IRIS 2010-10:1/30 [FR] HADOPI Sends Out the First Warning E-Mails

On 4 October 2010, following the rejection by the Conseil d’État on 14 September of the appeal brought by the access provider FDN against the Decree on HADOPI’s sanctions procedure (see IRIS 2010-9: 1/24), the HADOPI sent out its first warning e-mails to people who had downloaded works from the Internet illegally. The e-mails inform their addressees that they have “failed in their obligation of supervision” (Article 336-3 of the Intellectual Property Code introduced by the HADOPI Act) and remind them of their obligation to ensure that their access to Internet is secure so that it cannot be used...

IRIS 2010-10:1/29 [FR] Legislation on Financing the Digitisation of Cinema Theatres

In February 2010, the French competition authority (Autorité de la Concurrence) did not validate the pooling fund proposed by the national cinematographic centre (Centre National de la Cinématographie - CNC) for financing the digital equipping of cinema theatres (see IRIS 2010-3: 1/23), but proposed the setting up of a new tax to achieve this. The CNC then appealed to the legislator (see IRIS 2010-4: 1/25), announcing that a draft text would soon be submitted to the concertation procedure; this would include the principle of a contribution from distributors as the prime source of financing for...

IRIS 2010-9:1/26 [FR] CSA Study on the Circulation of Audiovisual Works

The Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) has carried out a new study with a view to improving the circulation of audiovisual works originally in the French language. This is an issue it looked at in 2006, but competition has increased since then with the arrival of the DTV channels. The legal framework has also changed, as the “Tasca” Decrees were revised in 2008 and 2009 in order to raise the production obligations incumbent on most of the players in the market, especially new arrivals. After an initial summing up in April 2010, a number of proposals for measures...

IRIS 2010-9:1/25 [FR] Abolition of Advertising on Public-sector Channels Suspended

By imposing a total ban on advertising on public-sector channels, the Act of 5 March 2009 constituted nothing short of a revolution on the French audiovisual scene. Originally, the ban was supposed to be implemented in two stages - applying to the period between 8 p.m. and 6 a.m. starting on 5 January 2009, then a total ban starting on 30 November 2011, the date of the total switch from analog to digital television. As compensation, a new tax was introduced on advertising broadcast by the private-sector channels, and another new tax on electronic communication operators. Nevertheless, sponsored...