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IRIS 2007-8:1/17 [FR] Liability on the Part of Video Sharing Sites - First Instances of Precedent

In France, a large-scale offensive has been launched by various financial beneficiaries against video sharing sites on the Internet (YouTube, Dailymotion, Myspace, etc) because they have been allowing the circulation of the works of the beneficiaries (films, series, etc) on their sites with neither authorisation nor remuneration. The platforms have been sheltering behind the “immunity” granted to hosts under the Act for Confidence in the Digital Economy (LCEN) of 21 June 2004. Under Article 6-I-2 of the Act, the latter’s liability may not be invoked if they “did not have effective knowledge of...

IRIS 2007-7:1/21 [FR] CSA Announcement on Listing and Numbering of Cable and Satellite Channels

The Conseil Supérieur de l'Audiovisuel (French audiovisual regulatory authority - CSA) has delivered its first decisions in the procedure for settling differences between editors and distributors of services as organised by the Decree of 29 August 2006, in application of Article 17-1 of the Act of 30 September 1986 on the freedom of communication. The CSA had received fourteen applications from editors of channels broadcast on terrestrially broadcast digital television concerning their numbering on the cable and satellite distribution networks. The channels at issue (including NRJ12, BFM TV, LCP-AN)...

IRIS 2007-7:1/20 [FR] The End of “Significant Airtime” for M6

Article 27 of the Act of 30 September 1986 on audiovisual communication provides that a decree (in this case the Decree of 17 January 1990) shall lay down the general principles concerning “the broadcasting, particularly during peak air time, in proportions at least equal to 60% of cinematographic and audiovisual works of European origin and in proportions at least equal to 40% of cinematographic and audiovisual works originally made in the French language”. The French audiovisual regulatory authority ( Conseil Supérieur de l'Audiovisuel - CSA) is allowed to use, instead of “peak air time” (6 to...

IRIS 2007-7:1/19 [FR] Reclassification of a Work Originally Made in the French Language

Under Article 6-1 of the Decree of 17 January 1990 laying down the general principles for the broadcasting of cinematographic and audiovisual works, the qualification of a work as a “work of European origin” and a “work originally made in the French language” and the monitoring of compliance of the channels with production quotas fall under the authority of the Conseil Supérieur de l'Audiovisuel (French audiovisual regulator - CSA) under the supervision of the Conseil d’Etat , as confirmed in a recent decision of this supreme administrative court. Under the terms of its convention, concluded with...

IRIS 2007-7:1/1 European Court of Human Rights: Case of Dupuis and Others v. France

In a judgment of 7 June 2007, the European Court of Human Rights expressed the unanimous opinion that the French authorities have violated the freedom of expression of two journalists and a publisher (Fayard). Both journalists were convicted for using confidential information published in their book Les Oreilles du President (The Ears of the President). The book focused on the “Elysée eavesdropping operations”, an illegal system of telephone tapping and record-keeping, orchestrated by the highest office of the French State and directed against numerous figures of civil society, including journalists...