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IRIS 2009-2:1/1 European Court of Human Rights: case of Leroy v. France

In 2002, the French cartoonist Denis Leroy (pseudonym Guezmer) was convicted for complicity in condoning terrorism because of a cartoon published in a Basque weekly newspaper Ekaitza. On 11 September 2001, the cartoonist submitted to the magazine’s editorial team a drawing representing the attack on the twin towers of the World Trade Centre, with a caption which parodied the advertising slogan of a famous brand: “We have all dreamt of it... Hamas did it” (Cfr. “Sony did it”). The drawing was published in the magazine on 13 September 2001. In its next issue, the magazine published extracts from...

IRIS 2009-1:1/37 Court of First Instance: TFI Case against the Commission

The Court of First Instance has dismissed TF1’s action for the annulment of the Commission’s decision classifying certain measures adopted by the French Republic in favour of the public television stations France 2 and France 3 as State aid compatible with the common market, due to its legal team’s procedural mishaps. TF1’s claims have been ongoing since 1993. In 1993, Télévision française 1 SA (TF1), owners of the private French television network TF1, launched a complaint to the European Commission concerning the methods of funding of two French public channels, France 2 and France 3. TF1 argued...

IRIS 2009-1:1/21 [FR] Change to Conditions for Broadcasting Cinema Films on Television

The Decree of 17 January 1990 laying down the general principles for television service editors broadcasting cinematographic and audiovisual works was amended on 28 November 2008. The text, which prohibited the showing of cinematographic works on Wednesday and Friday evenings, all day Saturday, and after 8.30 pm on Sunday, in order to protect exploitation in cinema theatres, has been rendered more flexible. Those television channels other than cinema or pay-per-view services whose agreements or lists of missions and duties provide that they are to devote a proportion of their turnover to expenditure...

IRIS 2009-1:1/20 [FR] CSA Opinion on Draft Legislation on the Public-sector Audiovisual Scene

On 7 October 2008, the Conseil Supérieur de l’Audiovisuel (national audiovisual regulatory authority - CSA) delivered the opinion requested by the Government on draft legislation to modernise the public-sector audiovisual scene currently being discussed in Parliament, which raises a number of issues. The CSA was concerned about the France Télévisions holding company becoming a single company - a move it had not been consulted about in advance - and commented on the importance of the company’s lists of missions and duties guaranteeing respect for the identity of each of the channels, the absence...

IRIS 2009-1:1/19 [FR] France 2’s  Les Infiltrés Programme Makes Headline News

Les Infiltrés is a discussion programme based on reporting carried out exclusively using concealed cameras aimed at “gaining access to information revealing dysfunctions of French society that are being kept secret, by means of ‘infiltration’ by a journalist” that has a keen following among the public but is less appreciated by professionals. After the national syndicate of journalists had been disparaging about the method used, recalling the specific features of public-sector audiovisual services and the ethical principles that require journalists to make use of this type of procedure only on...