Search results : 1124

Taking note of the decision made by the Conseil d’État on 8 April 2009 (see IRIS 2009-5: 14), the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) adopted on 21 July 2009 a new "principle of pluralism" that will govern the balance in regard to the proportion of speaking time for politicians on radio and television. Starting on 1 September, this principle will replace the so-called "three thirds" rule (government, majority, and opposition), in force since 1969, which excluded the Head of State for the purpose of the calculation. As a result, the total speaking...

Article 17 of the Act on 'Creation and the Internet' ("HADOPI") of 12 June 2009 encouraged the conclusion of an inter-profession agreement on reorganising media chronology in the months following its promulgation (see IRIS 2009-7: 13). This is the part of the Act that aims, at the same time as combating piracy, to develop the legal offer of films. After complex negotiations carried out under the auspices of the National Cinematographic Centre (Centre National de la Cinématographie - CNC), the agreement on reorganising media chronology was finally signed within the short amount of time allowed by...

After the recent cases involving Orange Sports and the courts' examination, in terms of consumer law, of exclusive content distributed by Internet access providers (IAPs) (see IRIS 2009-6: 12), it is now up to the Authority on Competition ( Autorité de la Concurrence ) to adopt a position. The matter was referred to the Authority by the Minister of the Economy; she invited the Authority to make a statement on the compatibility of the exclusive access to highly attractive content that some IAPs reserved for their subscribers with the regulations on competition. She also invited it to draw up an...

Apart from the high-profile “graduated response” it contains, the Act of 12 June 2009 “promoting the circulation and protection of creation on the Internet” also institutes the status of the on-line press editor, reforms journalists’ copyright protection, and makes changes to media chronology. Article 27 of the Act supplements Article 1 of the Act of 1 August 1986 reforming the legal scheme applicable to the press, creating the status of the on-line press editor and details this person’s responsibility. “On-line press service” refers to any on-line service of communication to the public edited...

After months of controversy, the Act “promoting the circulation and protection of creation on the Internet” (the HADOPI Act), adopted on 13 May 2009 after long and laborious parliamentary debate, has finally been censured by the Constitutional Council, to which it had been referred by opposition MPs opposed to the text. The Act was designed basically to set up a “graduated response” to the illegal downloading of works on the Internet, and introduced a “High Authority for the circulation of works and the protection of rights on the Internet” (HADOPI), a nine-member independent administrative authority...