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IRIS 2010-4:1/22 [FR] CSA Imposes new Form of Sanction on Channels

For the first time ever, in a decision of 9 March 2010, the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) ordered two channels (TF1 and Canal +) to read out a statement on air apologising for their failure to meet the obligation of rigour in information. Under the terms of their agreement with the CSA, the channels subscribe to an obligation of honesty with regard to information. The CSA is responsible for ensuring observance of these undertakings and may, “in all cases of failure to comply with the obligations incumbent on the editors of audiovisual communication services,...

IRIS 2010-3:1/23 [FR] CNC Called on to Review its System for Financing Digitisation of Cinema Theatres

On 1 February 2010, the competition authority (Autorité de la Concurrence) delivered its opinion on the support arrangements being proposed by the national centre for cinematography (Centre National de la Cinématographie - CNC) for financing the digitalisation of cinema theatres. Until now, this cost has been shared between operators, who bear the cost of the investments, and distributors, who mainly reap the benefits of digitisation. They then pass on to the operators part of the savings they have achieved, through private “third-party investors”, thereby enabling them to finance some of their...

IRIS 2010-3:1/22 [FR] CSA Able to Sanction a Channel that Fails to Comply with Legislation on the Protection of Intellectual Property

The Conseil d’Etat has just delivered an extremely interesting decision on an issue that, to our knowledge, has given rise to few disputes. A television channel that had retransmitted live without authorisation a programme on the debates between the Socialist Party’s candidates for the presidential election being broadcast on the parliamentary channel had been ordered by the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) to comply in future with the terms of Article 2-2-3 of its agreement, according to which the editor is required to comply with France’s legislation on intellectual...

IRIS 2010-3:1/21 [FR] Numbering of BFM TV and NRJ 12 Channels: Suspension of CSA Decisions

In an order delivered under the urgent procedure on 16 February 2010, the Conseil d’Etat has suspended the two decisions by the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) ordering Canalsat to revise the numbering in its offer of the channels NRJ 12 and BFM TV (see IRIS 2010-2: 1/18). It will be recalled that the two channels are numbered 12 and 15 respectively in the “logical numbering” for DTV drawn up by the CSA, and that they wish to keep the same numbers on all the broadcasting media. They had turned to the CSA as they felt they were being disadvantaged by their...

IRIS 2010-3:1/20 [FR] Conseil d’Etat Cancels Abolition of Advertising on Public Television before Legislation Is Adopted

In a decision on 11 February 2010 the Conseil d’Etat cancelled the letter from the Minister for Culture and Communication of 15 December 2008 calling on the Chairman of France Télévisions to stop marketing advertising space on the group’s channels between 10 p.m. and 6 a.m. “in accordance with both the spirit and the letter of the legislative reform in hand”. The letter was issued at a time when the bill on reforming the audiovisual sector, directed mainly at abolishing advertising on public service television, was pending: the Act had only passed through the National Assembly on its first reading,...