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IRIS 2006-9:1/13 [FR] CSA Opinion on Draft Legislation on the Television of the Future

As the Autorité de Régulation des Communications Électroniques et des Postes (regulatory body for electronic communications and postal services - ARCEP) had done a few days earlier, and bolstered by the recommendations issued by the Conseil d’Etat (see IRIS 2006-7: 12), on 11 July the Conseil Supérieur de l’Audiovisuel (audiovisual regulatory body - CSA) issued its opinion on the Bill concerning “the modernisation of audiovisual broadcasting and the television of the future”. While the CSA approved the main points of the Bill, it said it was “guided mainly by the observance of pluralism” and, in...

IRIS 2006-9:1/12 [FR] CSA Looks to the Protection of Minors

According to Articles 1 and 15 of the Act of 30 September 1986, as amended, one of the duties of the Conseil Supérieur de l’Audiovisuel (audiovisual regulatory body - CSA) is to guarantee the protection of children and young people in respect of programmes that are broadcast. On 04 July 2006, as part of this mission, the CSA set up a framework for the presentation and promotion on television (apart from cinema channels and pay-per-view schemes) of cinematographic or audiovisual works and their spin-off videograms, video games and telephone and telematic services and Internet sites to which minors...

IRIS 2006-8:1/22 [FR] Green Light for Merger of TPS and CanalSat Satellite Packages

On 31 August the Minister for the Economy and Finance gave the go-ahead for the merger of the two satellite television platforms CanalSat and TPS. 65% of the new group, to be called “Canal + France” initially, will be held by the Canal + Group, 20% by the Lagardère Group, 9.9% by the TF1 Group, and 5.1% by M6. It will have almost ten million subscribers. The Minister based his go-ahead on the opinions of the audiovisual regulatory body ( Conseil Supérieur de l’Audiovisuel - CSA) and the fair competition board ( Conseil de la Concurrence ); the latter felt that the merger responded to “a certain...

IRIS 2006-8:1/21 [FR] Six Advertisers Accused of Complicity in Infringement of Copyright on Peer-to-peer Sites

Can a number of major advertisers (SNCF, AOL France, 9 Telecom, La Française des Jeux, etc) advertising their own products or services on peer-to-peer sites on which downloading is being offered be considered accomplices in the infringement of copyright in respect of the works that are downloaded? That was the question at the heart of the legal proceedings brought before the higher regional court of Paris by the co-producers and the director of the hugely successful film “The Chorus” (8.5 million tickets at the box office in 2004, and 1400 downloads per day on the eDonkey site in September 2004)....

IRIS 2006-8:1/20 [FR] Constitutional Council Makes Alterations to New Copyright Act

Act No. 2006-961 of 1 August 2006 on copyright and neighbouring rights in the information society (see IRIS 2006-7: 11) has now been gazetted, after alterations by the Constitutional Council on three points. These covered firstly provisions to take the circumvention of technical devices preventing copying in the context of “interoperability” out of the scope of criminal prosecution, as the Council found the notion too vague and it imposes conditions upon the scope of application of the criminal aspects of the Act (Articles 22 and 23 of the Act). In a similar vein, the Council amended the final...