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IRIS 2005-9:1/17 [FR] Criteria for Issuing Authorisations to Operate Terrestrial Radio Broadcasting Services

In an unpublished judgment of 6 July 2005, the Conseil d'Etat dismissed the company CANAL 9's petition to set aside two decisions of the Conseil Supérieur de l' Audiovisuel (the audiovisual regulatory authority - CSA) rejecting CANAL 9's applications to operate a category D terrestrial radio service called “Chante France” in the Digne, Briançon and Toulon-Hyères zones, under the jurisdiction of the Comité Technique Radiophonique (Radiophonic Technical Committee) of Marseille. The Conseil d'Etat relied on Article 29 of the Act of 30 September 1986: in issuing authorisations, the CSA assesses the...

IRIS 2005-8:1/21 [FR] Senate Report Analyses Impact of Liberalising Television Advertising

A Senate report examines the impact of the deregulation brought about as a result of the Decree of 7 October 2003 (see IRIS 2003-8: 9 and IRIS 2004-2: 12) concerning television advertising for sectors that were previously prohibited (press, publishing, distribution). Whereas the press is now totally free to advertise, this is not the case for either publishing, which may only advertise on theme channels, or distribution, which is limited from 1 January 2004 to 1 January 2007 to local channels and to cable and satellite channels. The Government deliberately allowed the distribution sector to advertise...

IRIS 2005-8:1/20 [FR] CSA Recommendation on Minimum Age Marking and Programme Classification

On 7 June 2005 the Conseil supérieur de l'audiovisuel (national audiovisual regulatory body - CSA) adopted a recommendation directed at the editors of television services broadcasting on all the networks (terrestrial, cable, satellite, Internet, ADSL, etc) on minimum age marking and programme classification with regard to the protection of minors. The text recalls established principles, states that its main intention is to extend these obligations, until now contained in the agreements, to all channels, particularly those merely requiring declaration because they do not constitute a service providing...

IRIS 2005-8:1/19 [FR] Cancellation of Investment Approval for the Film L'ex-femme de ma vie Invalidated on Appeal

On 21 July 2005 the administrative court of appeal in Paris invalidated the judgment of the administrative tribunal in Paris delivered on 5 November 2004 cancelling the decision of the director of the national film centre (Centre national de la cinématographie - CNC) granting the companies ICE 3 and Josy Films investment approval for the film L'ex-femme de ma vie. A few weeks earlier, however, the decision granting approval for the film Un long dimanche de fiançailles had been referred to the administrative court of appeal in Paris and the court had upheld its cancellation, thereby depriving its...

IRIS 2005-7:1/35 Court of Justice of the European Communities: Judgment in Lagardère Active Broadcast V. SPRE & GVL

On 14 July 2005, the Court of Justice of the European Communities delivered a judgment further to the request for a preliminary ruling made by the French Cour de Cassation (Supreme Court).The French Court was in need of clarification on the interpretation of Council Directive 92/100/EEC on rental right and lending right and on certain rights related to copyright in the field of intellectual property and of Council Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission. The context...