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The TV company RMC Découverte signed an agreement with the Conseil supérieur de l’audiovisuel (the French audiovisual regulator – CSA) in 2012, Article 3-1-1 of which requires it to ensure that “documentaries make up at least 75% of total airtime each year and cover a wide variety of topics.” On several occasions in 2016 and 2017, the CSA found that the channel was not abiding by those provisions and issued a formal notice requiring it to meet its obligations. On 9 December 2020, the CSA fined RMC Découverte EUR 80,000 because documentaries had only...

In accordance with Article 23 of the Law of 30 July 2020 to protect the victims of domestic violence, “if a provider of an online public communication service is found to be allowing minors to access pornographic content in violation of Article 227-24 of the Penal Code, the ARCOM (the French broadcasting regulator) president will send it – in a manner in which the date of receipt can be proven – a formal notice ordering it to take all possible steps to prevent minors accessing the content concerned. The recipient of the injunction then has 15 days in which to present its observations....

Under Law no. 2020-1266 of 19 October 2020 regulating the commercial exploitation of children under 16 on Internet platforms, which entered into force on 20 April 2021, so-called “child YouTubers” now enjoy the same protection as children in the modelling and entertainment industries, as described in Articles L. 7124-1 et seq. of the Employment Code, as well as specific rights such as the “right to be forgotten”. Before their children are filmed or their videos are disseminated, parents must request an individual licence or approval from the authorities. Their child’s...

An American company, France.com, which had registered the domain name “france.com” in 1994, discovered several years later that a Dutch company had registered various French and EU trademarks under the name “France.com” in 2009. It therefore sued the Dutch company on the grounds that it had registered the marks fraudulently, demanding that it transfer them to it and compensate it for the losses it had suffered. The French state then intervened in the proceedings and the court ruled that the marks should be declared void and the domain name transferred. The economic interest...

Article 38b of the Loi sur la liberté de la presse (Press Freedom Act) of 29 July 1881 prohibits the recording of images of court proceedings, stipulating that “as soon as an administrative or judicial court hearing begins, the use of any device capable of recording or transmitting sound or images is prohibited”. Under Article 1 of the Loi pour la confiance dans l'institution judiciaire (Law on trust in the courts) of 22 December 2021, a new Article 38c created the possibility, by way of derogation from the first paragraph of Article 38b, to record or film civil, criminal...