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A new element has been added to the body of jurisprudence being amassed on the liability of video share sites - in the present case, Dailymotion. The producers and directors of three documentaries (“Les enfants perdus de Tranquillity Bay”, “Une femme à abattre”, and “Les années de sang” ), realising that their works were again accessible on the site despite the formal notices that had been issued previously, and an initial withdrawal, brought proceedings against Dailymotion for infringement of copyright. As has now become common practice, Dailymotion claimed in its defence its status as host within...

It will be recalled that the producers of the hit film “The Chorus” ( “Les choristes” ) brought a case against half a dozen major advertisers (Voyages-sncf.com, AOL France, Neuf Cegetel, Telecom Italia, etc) who were advertising on peer-to-peer sites alongside links giving access to the unlawful downloading of the film (see IRIS 2006-8: 14). The film’s producers had brought them to court, rather than the actual peer-to-peer sites, the advertising agencies or the Internet access providers (IAPs), on the grounds that the advertisers were promoting the unlawful availability of a cinematographic work...

In 1993, Télévision française 1 SA, owners of the private French television network TF1, lodged a complaint with the European Commission alleging, inter alia, that the repayment of the audiovisual licence fee by France to the French public service broadcasters, France 2 and France 3, constituted illegal state aid. On 10 December 2003, the Commission issued Decision 2004/838/EC, dismissing TF1’s claim, concluding that the financing scheme was indeed compatible with the rules of the common market, according to Article 86(2) EC Treaty (see IRIS 2004-2: 4), and including a number of recommendations...

The Act “on audiovisual communication and the new public television service” and the Implementing Act on the appointment of the chairmen of the public-sector audiovisual companies were gazetted on 7 March 2009. A few days earlier, the Constitutional Council, in response to an application by opposition MPs, had validated all the key measures of the reform, including the abolition of advertising on the public-sector channels, their financing, and - more controversially - the appointment of the chairmen of the public-sector audiovisual companies (France Télévisions, Radio France and the company responsible...

Coming after France 2 having broadcast erroneous news images in a news item on the conflict between Israel and Palestine last January, the Conseil Supérieur de l’Audiovisuel (national audiovisual regulatory authority - CSA) decided on 24 February 2009 to issue a formal order to the channels Canal+ and i-Télé reminding them to observe their obligation of honesty in the information they broadcast as required by Article 28 of the Act of 30 September 1986 and as specified in their agreements. The two channels, which belong to the same group, had broadcast in their newscasts on 17 February 2009 an item...