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IRIS 2006-10:1/20 [FR] CSA Withdraws Broadcasting Authorisation without Prior Formal Notification

In a decision adopted on 27 September, the Conseil d’Etat has now laid down the way in which the procedure instituted by Article 42-3 of the Act of 30 September 1986, as amended, is to be implemented. According to this text, the Conseil Supérieur de l’Audiovisuel (audiovisual regulatory authority- CSA) may, without prior formal notification, withdraw a radio or television station’s broadcasting authorisation in the event of a substantial change in the information on the basis of which the authorisation had been issued, more particularly as the result of changes in the composition of company capital...

IRIS 2006-10:1/19 [FR] Docu-fiction on a Criminal Case and the Privacy of the People Involved

As the public service channel France 3 is preparing to broadcast a docu-fiction on the murder of “Little Grégory”, a legal case in the 1980s that attracted much attention from the media and which was never elucidated, court action to preserve the privacy of the people involved in the case continues. A judge in Paris sitting in urgent matters has already dismissed an application from one of the witnesses in the case (see IRIS 2006-3: 13), and now the regional court in Nancy has received applications from other parties in the case. The wife and children of Bernard Laroche, Grégory’s uncle, who was...

IRIS 2006-10:1/18 [FR] Unremunerated Exploitation of a Television Presenter’s Personality Rights

In a judgment delivered on 28 September, the regional court in Paris ordered the production company of a popular television programme (“C’est mon choix”) to pay damages to its presenter, Evelyne Thomas, for having broadcast 62 broadcasts from the previous season over the summer of 2004 without her authorisation. Ms Thomas was an employee of the company until June 2003, when she created a company to “manage, exploit and promote the image, on any media, of Ms Evelyne Thomas”. In July 2003 the two companies concluded an agreement under which Ms Thomas’s company would be entitled to receive payment...

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...

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...