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IRIS 2023-2:1/7 [FR] Amendment of system for contribution to cinematographic and audiovisual production

Decree no. 2022-1610 of 22 December 2022 amending the system for the contribution to cinematographic and audiovisual production of television services amended both decree no. 2021-1926 of 30 December 2021 on the contribution to cinematographic and audiovisual production of terrestrial television services (known as the “DTT” decree) and decree no. 2021-1924 of 30 December 2021 on the contribution to cinematographic and audiovisual production of television services distributed via networks that do not use the frequencies assigned by the Regulatory Authority for Audiovisual and Digital...

IRIS 2023-2:1/18 European Court of Human Rights: Zemmour v. France

The European Court of Human Rights (ECtHR) has once again confirmed the necessity in a democratic society of criminalising “hate speech” (see also IRIS 2009-8/1, IRIS 2019-1/1, IRIS 2020-3/21, IRIS 2021-4/5 and IRIS 2021-9/15). In a case involving the former French presidential candidate Éric Zemmour, the ECtHR found that the politician’s conviction and sentencing for the offence of inciting discrimination and religious hatred against the French Muslim community for statements made on a television show did not violate his right to freedom of expression as guaranteed...

IRIS 2023-1:1/4 [FR] Suspension of ARCOM decision on Eutelsat retransmission of Russian channels

French company Eutelsat, in which the French state is the biggest shareholder, provides the satellite transmission of television channels and radio stations including Russian channels Rossiya 1, Perviy Kanal and NTV, which are distributed by NTV+ and Trikolor in Russia, Ukraine and the Baltic countries. Since July 2022, Reporters Without Borders (RSF), an international non-profit organisation that seeks to defend and promote freedom of information, has been challenging Eutelsat’s activities. It claims that content broadcast by the Russian channels breaches the obligations of audiovisual...

IRIS 2023-1:1/8 [FR] Conseil d’Etat powerless to annul ARCOM’s formal notice requiring pornographic website to block access to minors

The provider of the Pornhub website asked the Conseil d'Etat (Council of State) to annul the formal notice addressed to it on 13 December 2021 by the president of the Conseil supérieur de l’audiovisuel (the previous French audiovisual regulator – CSA), which has since been replaced by ARCOM, on the grounds that the CSA had acted outside its remit. Alleging that the company was allowing minors to access pornographic content, the formal notice ordered it to take all necessary measures to comply with Article 227-24 of the Penal Code. According to Article 23 of the Law of 30...

IRIS 2023-1:1/12 [FR] ARCOM issues C8 with formal notice for failing to exercise restraint in relation to ongoing judicial proceedings and opens sanction procedure

Following a heated argument between TV presenter Cyril Hanouna and an opposition MP on the set of the programme ‘Touche pas à mon poste’, broadcast on C8 on 10 November 2022, the French audiovisual regulator, ARCOM, through its director general, announced that it had referred the matter to the independent rapporteur, a member of the Conseil d’Etat, in accordance with Article 42-7 of the Law of 30 September 1986. Taking into account previous warnings issued to the C8 channel, the rapporteur considered that the incident justified the instigation of a sanction procedure. The...