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IRIS 2010-9:1/24 [FR] HADOPI gets moving!

Slowly but surely, with the publication of the implementing decrees for the “HADOPI I” and “HADOPI II” Acts (see IRIS 2010-1:1/23 and IRIS 2009-7:12/20), the High Authority (“HADOPI”) is getting into working order, despite the efforts of its detractors. The “HADOPI II” Act of 28 October 2009 gave the criminal courts the task of ordering the suspension of Internet access for an Internet user who fails to comply with the obligation to ensure that access was not used for the illegal circulation of protected works. This is in addition to the offence of “specific negligence”, which attracts a penalty...

IRIS 2010-9:1/6 OSCE: Representative on Freedom of the Media - Regular Report to the OSCE Permanent Council

On 29 July 2010, Dunja Mijatovic, the OSCE Representative on Freedom of the Media, presented the regular report to the OSCE Permanent Council, the organisation’s main decision-making body. The report consists of overviews of issues raised in the participating countries, activities of the Representative in the last period and planned activities for the next reporting period. A large part of the report consists of the analysis of issues raised in 26 of the OSCE participating states. In the last period the Representative had to deal with several issues concerning media freedom, such as media pluralism,...

IRIS 2010-9:1/3 Court of Justice of the European Union: Télévision française 1 SA (TF1) v Commission

The European Court of Justice has handed down another decision in a long list rejecting of claims by Télévision française 1 (TF1) against the European Commission in relation to French state aid to the public service broadcaster France-Télévisions (see for example most recently IRIS 2010-7: 1/3, IRIS 2009-5: 5/5 and IRIS 2009-1: 0/104). On 13 September 2010, the General Court dismissed TF1’s action requesting that Commission Decision C(2006) 832 final of 22 March 2006 be annulled. The decision approved new financial support measures granted through the Centre national de la cinématographie (National...

IRIS 2010-9:1/2 European Commission against Racism and Intolerance: Growing Emphasis on Internet Racism in New Country Reports

On 15 June 2010, the European Commission against Racism and Intolerance (ECRI) released its latest reports on France, Georgia, Poland and “the former Yugoslav Republic of Macedonia” (fYROM), adopted in the fourth round of its monitoring of the laws, policies and practices to combat racism in the Member States of the Council of Europe (for commentary on earlier reports, see IRIS 2010-4: 1/3, IRIS 2009-10: 0/109, IRIS 2009-8: 5/4, IRIS 2009-5: 4/4, IRIS 2008-4: 6/5, IRIS 2006-6: 4/4 and IRIS 2005-7: 3/2). The main recommendations dealing with the (audiovisual) media and/or the Internet in these reports...

IRIS 2010-8:1/29 [FR] Catch-up TV and Deep Hyperlinks

The group M6 operates the free catch-up TV services M6 Replay and W9 Replay, which can be accessed on dedicated Internet sites. The services allow on-demand viewing of certain programmes after they have been shown on the two channels without the possibility of recording them. Having noted that a company edited two sites that listed and made available to the public all the audiovisual programmes available as catch-up TV, including those of M6 and W9, using deep hyperlinks, the group had the company summoned on the grounds of violation of the general conditions for using the M6 Replay and W9 Replay...