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IRIS 2001-4:1/29 [FR] Liability of Hosts - Application of the Act of 1 August 2000

An order in an urgent matter at the regional court in Paris on 6 February has shed more light on the application of the Act of 1 August 2000 on rendering hosts liable. A company and its manager who had been the subject of defamatory and slanderous messages on an Internet site that was also unlawfully using the company's name as its domain name, had applied to the courts for an urgent order requiring the site's host to make such dissemination impossible. They also wanted the host to communicate to them the information and computer data in its possession so that the creators of the disputed site...

IRIS 2001-4:1/28 [FR] Decision by the Court of Cassation on the Application of the Short Prescription Period for On-line Press Offences

Following two decisions that aroused a great deal of debate, in which judges found that on-line press offences constituted a continuous offence (IRIS 2001-1: 13), the court of cassation has at last stated its position on the much-discussed matter of the application of the threemonth prescription of Article 65 of the 1881 Act to this type of offence. "Press" offences (such as defamation and slander) lapse a full three months after either the date on which they are committed or the date on which the public becomes aware of them, and some judges had felt that the specific nature of the Internet transformed...

IRIS 2001-4:1/16 [FR] Re-Broadcasting on Cable Channels

Increasingly often, cable channels include repeat broadcasts of old programmes in their programming. This poses the problem of the re-use of these works in terms of copyright and royalties payable to the performers. Between 1974 and 1981, the channel TF1 broadcast a television series called "L'île aux enfants". Some of the sketches in this programme were written in collaboration with one of the actors in the series. Noting in 1993 that the company Canal J was re-broadcasting episodes of "L'île aux enfants" by cable and satellite without first having obtained their authorisation, the applicants,...

IRIS 2001-3:1/14 [FR] Events of Major Importance in France

Adopted specifically in order to transpose the "Television without Frontiers" Directive into French law, the Act of 1 August 2000 (see IRIS 2000-8: 7) introduces an Article 20-2 into the Audio-visual Communication Act of 30 September 1986, which provides that: "Events of major importance may not be broadcast exclusively in such a way that deprives a significant proportion of the public of the possibility of following the events in a live or recorded broadcast on a freely accessible television service. The list of events of major importance is to be fixed by decree of the Conseil d'État. The decree...

IRIS 2001-3:1/13 [FR] TF1 Guilty of Abuse of Dominant Position in the Television Advertising Market

A decision taken on 13 February 2001 by the Conseil de la concurrence (the French Council on Competition) in a case brought to its attention by CANAL+ dealt with the practice of market share discounts operated by the company TF1 during the period 1994/1997 concerning the sale of advertising space on television. This practice involves allowing specific reductions to advertisers whose proportion of advertising expenditure on TF1 is greater than the channel's share of the television advertising market. Referring to a previous decision (18 June 1996) and to the decision of the European Commission on...