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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,...

IRIS 2010-2:1/19 [FR] Zelnik Mission Reports on “Creation and the Internet”

The “Creation and the Internet” mission, chaired by Mr Zelnik, COE of the ‘Naïve’ music label, aimed at improving the legal offer on-line, reported back to the Minister for Culture (see IRIS 2010-1: 1/23) on 6 January 2010. The purpose of this cooperation with the professionals in the sector is to respond to the demand for financing the cultural industries, reaching beyond the educational and repressive aspects of the ‘HADOPI’ legislation. After hearing from about a hundred professionals in the sector, the report’s signatories say they are convinced that the method adopted until now by the Government,...

IRIS 2010-2:1/18 [FR] CSA Orders Canal Sat to Change the Numbering of two Digital TV Channels Included in its Offer

The issue of the numbering of channels in the programmes offered by service distributors is keeping the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) on its toes. It will be remembered that the CSA received fourteen applications from new digital terrestrial television (DTT) channels in 2006 for the settlement of differences concerning their numbering on cable and satellite distribution networks. In the light of these disputes, the CSA had adopted on 24 July 2007 a deliberation defining the general rules on the matter (see IRIS 2007-7: 13), which was incorporated in Article...