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On 31 January 2006, the audiovisual Conseil supérieur de l'audiovisuel (regulatory body - CSA) fined Skyrock radio EUR 50,000 for broadcasting comments likely to cause offence to listeners under the age of 16. Under Article 15 of the Act, as amended, of 30 September 1986, the CSA has a duty to “ensure the protection of children and young people”, and it was on this basis that the CSA sent a recommendation to radio stations on 10 February 2004 prohibiting them from broadcasting programmes likely to cause offence to listeners under the age of 16 between 6 am and 10.30 pm. Skyrock broadcasts a phone-in...

Article 809 of the New Code of Civil Procedure entitles a judge sitting in urgent matters, called an "emergency" judge, to take any precautionary or reparatory measures that may be necessary, particularly in order to prevent the imminent occurrence of damage. On the basis of this, a number of individuals applied to the judge sitting in urgent matters in Paris to request a pre-viewing of a report that was to be broadcast that evening and which they believed would infringe their personal rights as to their character. The report at issue, concerning arms dealers, showed the police search of their...

One week before the examination of the bill to transpose into French law the Directive no. 2001/29/EC of 22 May 2001 on copyright and neighbouring rights in the information society was to resume, the Court of Cassation joined the forum by delivering a notable decision on the use of technical protective devices in relation to private copying. A case involving “Mulholland Drive” had been brought before the Court (see IRIS 2004-7: 9 and IRIS 2005-6: 13), in which an individual, backed by a consumer association, complained that he was unable to make a video copy of the DVD of the film he had bought...

In 1994, the newspaper Le quotidien de Paris published an article with the headline “The obscurity of error”, concerning the encyclical “The splendour of truth” ( Veritatis Splendor ) issued by Pope John Paul II. The article was written by Paul Giniewski, a journalist, sociologist and historian and contained a critical analysis of the particular doctrine developed by the Catholic Church and its possible links with the origins of the Holocaust. A criminal complaint was lodged against the applicant, the newspaper and its publishing director, alleging that they had published...

On the same day as parliamentary debate began on the draft legislation on copyright and neighbouring rights in the information society, all the professionals concerned (players in the film circuit, Internet access providers, Canal +, France Télévision) signed an agreement on cinema on demand on the Internet. Whatever form it takes (dematerialised rental ("streaming"), dematerialised sale, cinema on demand individually, package offers or subscription), this agreement gives cinema on demand a specific place in media chronology. The signatory parties undertake that films will not be available on a...