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IRIS 2003-9:1/26 [FR] Audiovisual Communication Act Applies to Offences Committed on the Internet against Legislation concerning the Press

The criminal section of the Court de cassation (the highest court of appeal) delivered a much remarked-upon decision on 6 May 2003, in which it stated that the Audiovisual Communication Act of 29 July 1982 applies to offences committed on the Internet against legislation concerning the press. This was the first time the Court had spoken out on the subject of knock-on criminal liability as applied to the Internet. The case involved the broadcasting of defamatory statements on an Internet site. The Court of Appeal in Versailles, applying Article 42 of the Press Act of 29 July 1881, had maintained...

IRIS 2003-9:1/14 [FR] France Submitts to the European Commission Its List of Events of Major Importance

France has just notified Brussels of its draft decree on the conditions for broadcasting events of major importance, in compliance with Article 3a of the "Television Without Frontiers" Directive, which provides that each Member State may draw up a list of events ­ national or otherwise ­ that it considers to be of major importance, and adopt measures to ensure that broadcasters do not exercise their exclusive rights "in such a way as to deprive a substantial proportion of the public in that Member State of the possibility of following such events via live coverage or deferred coverage on free television"....

IRIS 2003-8:1/20 [FR] Conseil d'Etat Rules on Transmission of Titanic in Two Parts

Following the decision by the channel TF1 to broadcast the film Titanic in two parts on 19 and 20 November 2002, the ARP (association of authors, producers and directors) submitted an urgent application to suspend the execution of the decision of the Conseil supérieur de l'audiovisuel (audiovisual regulatory body - CSA) to allow the broadcast (see IRIS 2002-­1: 7). The application was rejected by the President of the Litigation Division of the Conseil d'Etat. The ARP, the association of film directors (SRF) and the association of authors and film-makers (SACD) had also submitted to the Conseil...

IRIS 2003-8:1/19 [FR] Conseil d'Etat Determines Legal Status of Popstars Programme

The decision issued by the Conseil supérieur de l'audiovisuel (audiovisual regulatory body - CSA) on 15 November 2001, classifying the televised reality show Popstars, broadcast on M6, as an audiovisual work provoked strong reactions from the main professional organisations, including collective management companies (see IRIS 2002-­1: 8). Following this decision, the Etats généraux de la création audiovisuelle, an organisation representing several copyright collecting companies, appealed to the Conseil d'Etat against the decision on the grounds that the CSA exceeded its powers. The Conseil d'Etat...

IRIS 2003-8:1/18 [FR] CSA Publishes Opinion on Lifting of Ban on TV Advertising for Certain Sectors

On 22 July 2003, the Conseil supérieur de l'audiovisuel (audiovisual regulatory body - CSA) published its opinion on the two draft decrees amending Article 8 of the Decree of 27 March 1992. The latter decree in particular prohibits television advertising for the following products and economic sectors: literary publishing, cinema, press and large-scale distribution. Both draft decrees were written in response to the European Commission's order, issued on 7 May 2002, that France should repeal these provisions (see IRIS 2002-­9: 10). In its opinion, the CSA analyses the government's proposals for...