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IRIS 2010-6:1/29 [FR] France and South Africa Sign Cinematographic Co-production Agreement

On 16 May 2010, Frédéric Mitterrand, Minister of Culture and Communication, met his South African counterpart Lulama Xingwana in Cannes, and the two Ministers signed the first ever agreement on cinematographic co-production that will offer films co-produced by France and the Republic of South Africa the possibility of access to the support schemes in operation in both countries. This means that such films will be eligible for the European quotas for broadcasting in television channels, thereby increasing the channels’ interest in the films and possibility of funding them. A new cooperation programme...

IRIS 2010-6:1/28 [FR] Decree Laying Down the Audiovisual and Cinematographic Contribution of Cable and Satellite Channels

The result of an agreement reached between producers, authors and ACCES (Association des Chaînes Conventionnées Editrices de Services - association of channels under convention that edit services) on 23 July 2009, and signed in the presence of Frédéric Mitterrand, Minister of Culture and Communication, the Decree laying down the framework of regulations applicable to the production obligations of cable, satellite and ADSL channels was gazetted on 29 April 2010. The text imposes a minimum creative contribution from the channels, but leaves them choice in distributing their investments among the...

IRIS 2010-6:1/27 [FR] Effect of the Sale of Advertising Space on the Qualification of Video Sharing Sites

In two decisions handed down on 9 and 14 April 2010, the Paris Court of Appeal has confirmed the qualification of Google Vidéo and Dailymotion as hosts for sites storing audiovisual content in cases brought by the rightsholders of a film (“Le Monde selon Bush”) and of sketches (by the comedians Omar and Fred) who complained that their works had been put on line without their authorisation. These decisions have been awaited with interest, since they come after the Tiscali decision handed down by the Court of Cassation on 14 January 2010 (see IRIS 2010-2: 1/16), which attracted much comment. The...

IRIS 2010-6:1/1 European Court of Human Rights: Renaud v. France

The European Court of Human Rights recently delivered a judgment regarding defamation and insult on the Internet. The Court was of the opinion that the sharp and polemical criticism of the public figure in question was part of an ongoing emotional political debate and that the criminal conviction for defamation and insult amounted to a violation of the freedom of expression guaranteed by Article 10 of the European Convention of Human Rights. The applicant in the case was Patrice Renaud. He is the founder of a local association (Comité de défense du quartier sud de Sens) opposing a big construction...

IRIS 2010-5:1/24 [FR] CSA’s Conditional Agreement to TF1’s Purchase of TMC and NT1

On 23 March 2010, the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) gave its agreement to TF1’s purchase of the AB Group’s free-to-air channels TMC and NT1, adding a number of new conditions, including some involving programmes, to those already laid down by the competition authority (Autorité de la Concurrence) in January 2010. The CSA noted that the plan observed the rules restricting the concentration of DTTV channels and has obtained substantial undertakings from TF1 guaranteeing the pluralism and diversity of the programme offer in the interests of viewers. As a result,...