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IRIS 2002-1:1/30 [FR] Limitation Period for Press Offences on the Internet

In two consecutive decisions, the criminal chamber of the Court of Cassation has given a firm decision on the application of the short limitation period of three months for press-related offences committed on the Internet, and more specially on the matter of determining the date on which the three-month period starts. Judges have for a long time been divided on this, as some of them hold that the act of publication on the network is in fact continuous (see IRIS 2001-1: 13). This was the view adopted by the Court of Appeal in Paris on 15 December 1999 in a case submitted to the Court of Cassation...

IRIS 2002-1:1/15 [FR] Challenge to the Classification of “Audiovisual Work”

On 15 November last year the Conseil supérieur de l'audiovisuel (official regulatory body - CSA) decided to classify the programme Popstars, broadcast on M6 since 20 September, as an audiovisual work, as it considered that this televised reality show - the purpose of which is to select candidates with a view to constituting a pop group - did not fall within any of the categories excluded by the official definition. Article 4 of the Decree of 17 January 1990 (amended) indeed provides a negative definition of an audiovisual work, defining it as a broadcast "that does not fall into any of the following...

IRIS 2002-1:1/14 [FR] Urgent Referral to the Conseil d'Etat on Broadcasting "Titanic" in two Parts

On 13 November last year, the Conseil supérieur de l'audiovisuel (official regulatory body - CSA) authorised the channel TF1 to broadcast the film Titanic in two parts on two consecutive evenings the following week. Because of the imminence of the broadcast, ARP, the authors, directors and producers group, submitted to the Conseil d'Etat firstly an application in an urgent matter to suspend the execution of the CSA's authorisation, and secondly an application on the merits of the case to have the authorisation cancelled on the grounds of the CSA exceeding its powers. Since 1 January 2001, administrative...

IRIS 2001-10:1/28 [FR] Court Condemns Unlawful Use of Advertisements on an Internet Site Offering Job Advertisements

The commercial court in Paris found the Internet site Keljob guilty last December of the unlawful use of hypertext links (see IRIS 2001-2: 12). Keljob, a free browser for jobseekers, lists offers presented on other sites, and has again been involved in a dispute raised by one of these sites. On 5 September the Regional Court of Paris ordered it to pay a million French francs in damages to the employment advertisement site Cadremploi for having made use of the offers it listed without its agreement. Firstly, the plaintiff company felt that the Keljob site, by reproducing the Cadremploi name in...

IRIS 2001-10:1/16 [FR] ARTE and BBC Announce Co-operation

During the Mipcom fair held in Cannes at the beginning of October, the Franco-German cultural broadcaster ARTE announced that it would in future be making joint productions with the BBC. An increasing number of co-productions will be made in the next few years, particularly documentaries on cultural, artistic and social themes. As a result, the ARTE network, which unites various European public broadcasters through association and co-operation agreements, now includes an English-language representative.