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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,...

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...

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...

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...

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...