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A key element of the latest audiovisual reforms, media chronology, which determines when cinematographic works can be released via different methods of exploitation, is set out in Articles L. 231-1 et seq. of the Code du cinéma et de l'image animée (Cinema and Animated Image Code). Under the law, a professional agreement should be signed, setting out when a film can be made available by an on-demand audiovisual media service provider or when it can be broadcast on television. Under the new legal framework created through the transposition of the Audiovisual Media Services Directive...

Following the television broadcast of an advertisement for “Nana” sanitary products in September and October 2019, the Pornostop organisation, whose primary goal is to prevent minors being exposed to pornography, asked the Conseil supérieur de l'audiovisuel (the French audiovisual regulator – CSA) to issue a formal notice to the television companies concerned, demanding that they respect their obligations to protect children. After the CSA rejected its request, Pornostop requested the annulment of the CSA’s initial decision and its subsequent rejection of...

In application of Article 42 of the Loi confortant le respect des principes de la République (Law no. 2021-1109 of 24 August 2021 safeguarding respect for the principles of the Republic), which amended Article 6-4 of the Loi pour la confiance dans l'économie numérique (Law no. 2004-575 on confidence in the digital economy – LCEN), decree no. 2022-32 of 14 January 2022 requires online platform operators that registered more than 10 million unique visitors per month on French soil in the previous calendar year to contribute to the fight against the dissemination of...

Following the decree of 22 June 2021 concerning on-demand audiovisual media services (“SMAD decree”), the framework of obligations to contribute to cinematographic and audiovisual production was further modified with the publication of the so-called "DTT" and "Cable-Satellite" decrees on 30 December 2021. According to the Ministry of Culture, these decrees have a number of objectives. Firstly, they are designed to simplify the regulatory framework by increasing the use of the agreements concluded between service providers and the Autorité de régulation...

Video-sharing platforms, which are now covered by Article 2 of the Law of 30 September 1986, are subject to certain obligations set out in Articles 59 to 61 of the Law. Decree no. 2021-1922 of 30 December 2021 explains these obligations in respect of commercial communications that are marketed, sold or organised by these platforms. Commercial communications (in particular advertising, sponsorship, teleshopping and product placement) are “images, with or without sound, designed to directly or indirectly promote products, services or the image of a natural or legal person who exercises an economic...