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ARCOM (the French audiovisual and digital communications regulator) has issued a formal notice to the television channel C8, urging it to guarantee the independence of information following comments made during the programme “Touche pas à mon poste” broadcast on 10 November 2022. French MP Louis Boyard (of the ‘La France Insoumise’ political party), a former pundit on the programme, had been invited to talk about the reception of migrants on board a humanitarian ship. When the MP began discussing the unequal distribution of wealth and, in the same context, the activities...

On 13 and 15 July 2022, alleging that minors could access the pornographic websites Pornhub, Tukif, Xhamster, Xnxx and Xvideos simply by stating that they were aged 18 or over, in violation of Article 227-24 of the Penal Code, the president of ARCOM (the French audiovisual and digital communications regulator) summoned numerous Internet access providers to appear before the president of the Tribunal Judiciaire de Paris (Paris judicial court) on the basis of Article 23 of Law no. 2020-936 of 30 July 2020 and asked the court to order them to block access to the sites concerned. During the proceedings,...

The company responsible for TV channel CNews asked the Conseil d’Etat (Council of State) to annul the decision taken by the Conseil supérieur de l'audiovisuel (French audiovisual regulatory body — CSA) on 3 December 2021, requiring it to comply before 31 December 2021 and in the future with the provisions of Article 1 of its decision no. 2017-62 of 22 November 2017 on the principle of political pluralism in radio and television services. Under this decision, a third of airtime devoted to political speeches must be reserved for speeches by the president of the Republic, government...

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...

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...