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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...

IRIS 2010-8:1/28 [FR] CSA Sanction Procedure and Prior Questioning of Constitutionality

Since 1 March 2010, anyone under the jurisdiction of a court may claim in proceedings before a court, either administrative or judicial, “that a legislative provision infringes the rights and freedoms guaranteed by the Constitution” - this is the prior questioning of constitutionality. Thus Canal+, in support of its application to the Conseil d’Etat for the cancellation of a decision by the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) in March 2010 ordering it to broadcast a communiqué (see IRIS 2010-4: 1/22), called for a referral to the Constitutional Council on the...

IRIS 2010-8:1/27 [FR] Conseil d’Etat Deliberates on Digital TV Channel Numbering in a Satellite Package Offer

On 17 December 2009 the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) called on Canal+ Distribution to change the numbering of the terrestrially broadcast television channels NRJ 12 and BFM TV in the offer of its Canal Sat package, in response to the channels’ desire to be given the place numbering they have for digital broadcasting, i.e. 12 for NRJ 12 and 15 for BFM TV, whereas they were numbered 36 and 55 respectively in the package. Canal Sat then appealed to the Conseil d’Etat for the decision to be cancelled (see IRIS 2010-2: 1/18). In a decision delivered on 9 July...

IRIS 2010-8:1/26 [FR] Court of Cassation Upholds Exclusive Commercialisation of Orange Sports Channel

The Court of Cassation has found in favour of Orange (a subsidiary of France Télécom) in its dispute with its competitors SFR and Free, which claimed it was making access to its sport channel Orange Sports dependent on subscription to its triple-play offer (television, Internet and telephone) (see IRIS 2009-6: 12/19). The applicants claimed that the two-fold exclusivity for distributing and broadcasting exclusive audiovisual programmes constituted joint selling, which is prohibited by Article L 122-1 of the French Consumer Code, and hence was an act of unfair competition on the part of Orange....

IRIS 2010-8:1/4 European Commission: Laggard Member States Urged to Implement AVMS Directive

On 24 June 2010, the European Commission issued a set of reasoned opinions to 12 member states (Austria, Cyprus, Estonia, Greece, Finland, Hungary, Lithuania, Luxemburg, Latvia, Poland, Portugal, and Slovenia) requesting that they proceed with updating their national broadcasting legislation in order to bring it into compliance with the Audiovisual Media Service (AVMS) Directive. The Directive, which replaced the Television without Frontiers Directive of 1989 (as amended), was adopted in December 1997 with the intention of bringing the EU’s broadcasting rules up to speed with the digital age. The...