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A bill "intended to give a legal framework to protection from the unacceptable use of one's image and to reconcile this with freedom of expression" was tabled this summer by two Members of Parliament. It has been sent to the legal committee for examination. The aim of the text, which covers protection of the image of objects as well as people, is to make it impossible for anyone to "take legal action claiming protection from unacceptable use of an image without furnishing proof of malicious intent and actual prejudice", according to the wording of the explanatory memorandum of the bill. This text...

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...

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"....

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...

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...