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In 1996, the French newspaper Libération published an article focusing on a murder case in which adolescents were involved. The criminal investigation was still pending when the article was published and two suspects, a young man, B. and his girlfriend, A., had been under investigation. The article in Libération, written by Patricia Tourancheau, reproduced extracts from statements made by A. to the police and the investigating judge, and comments from B. contained in the case file. On the basis of section 38 of the Freedom of Press Act of 29 July 1881, criminal proceedings were brought against...

The stated purpose of Act No. 2006-64 of 23 January 2006 on combating terrorism and making certain provisions concerning security and controls at frontiers is to provide better assurance of the right to safety while respecting freedoms. It points to the threat posed by information and communication technologies as new channels for expression for terrorists. While voting on this, MPs took the opportunity of “tidying up” France’s Audiovisual Act of 30 September 1986 and amending its Article 33-1 to remove the obligation for non-European channels broadcast via Eutelsat - and in consequence governed...

After extensive consideration of the matter on the part of the Parliament, the Ministry of Foreign Affairs, the Ministry of Culture and Communication, and the public- and private sector operators in the audiovisual sector, the signing on 29 November of an agreement by the Prime Minister, Dominique de Villepin, TF1 and France Télévisions should make it possible to create a French international news channel (Chaîne Française d'Information Internationale - CFII) by the end of 2006. A joint company held equally by France Télévisions and TF1 will be created, governed by a “shareholders' pact” and articles...

The market for music on-line is developing rapidly, and the CSPLA's specialist committee on the on-line distribution of works chaired by Prof. Pierre Sirinelli has just delivered an opinion on peer-to-peer activities (in which it is emphasised that the use of this technology “is not in itself illegal”), after more than a year of consideration of the matter. The opinion is based on a report that points to feasible methods in addition to the legal action that may be taken against Internet users committing acts that constitute counterfeiting. The committee's members were not in favour of the global...

The system adopted in the Freedom of Communication Act of 30 September 1986 (as amended) requires the programme editors operating within a single multiplex to join forces and designate a common technical operator - referred to as a “distributor of services” - for the purposes of the Act. Article 30-2 of the Act lays down the legal scheme applicable to distributors of services broadcast terrestrially in digital mode, in accordance with the desire of the national audiovisual regulatory authority (Conseil Supérieur de l'Audiovisuel - CSA) for the multiplex operator to be covered by a specific legal...