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IRIS 2000-8:1/22 [FR] Liability of Hosts in the Act of 1 August 2000

The Act of 1 August 2000 reforming the audiovisual sector (see report in this IRIS) inserts four articles concerning the Internet in the Act of 30 September 1986 (as amended) in Section 6 entitled "Provisions concerning on-line communication services other than private correspondence". The provisions were introduced during the parliamentary debate on the initiative of the member of parliament Patrick Bloche in reaction to recent case-law on the matter (cases involving Estelle Halliday and Lynda Lacoste; see IRIS 1999-5: 3 and IRIS 2000-1: 12), and have been much amended. The new Articles 43-9 and...

IRIS 2000-8:1/20 [FR] Monopolies Board Pronouncement

On 29 March the company UGC put on sale an annual season ticket giving unlimited access, for FRF 98 a month, to the 350 cinemas in its network. The launch of the card produced an immediate reaction from the other distribution networks (MK2, Cinévog SARL, Studio du Dragon and Les Cinq Parnassiens). This led the Minister for Culture and Communication to call for sales of the UGC card to stop, as of 9 May, because of the negative opinion expressed by the cinema mediator. At the same time the other networks appealed to the Monopolies Board, calling for protective measures. The complainants said that...

IRIS 2000-8:1/13 [FR] Act Reforming the Audiovisual Sector Adopted At Last

After three years of preparation and any amount of being passed back and forth in Parliament, the Act reforming the audiovisual sector, aimed in particular at strengthening the public sector and opening the way for the development of terrestrially-broadcast digital television in France, was adopted on 29 June. Apart from a few minor points, most of the text was declared to be in compliance with the Constitution by the Constitutional Council on 27 July. Firstly, the Act restructures public-sector audiovisual communication, making considerable amendments to the Act of 30 September 1986. The central...

IRIS 2000-7:1/27 [FR] Act Strengthening Presumption of Innocence and Victims' Rights

Act no. 2000-516 of 15 June 2000 strengthening the protection of the presumption of innocence and victims' rights was promulgated in the Official Gazette on 16 June. Described as one of the most ambitious reforms of criminal procedure since the Code of Criminal Procedure was introduced in 1958, the Act includes a chapter of provisions concerning communication (Chapter VIII). Designed above all to protect the image and dignity of victims, the Act adds an Article 35d to the Act of 29 July 1881 on freedom of the press, making it a criminal offence to disseminate, without the victim's permission,...

IRIS 2000-7:1/20 [FR] Advertising Internet Sites - Council of State Sanctions CSA

In an Order of 3 July 2000, the Conseil d'Etat (Council of State), the supreme administrative court in France, annulled Communiqué 414 of the CSA (French Independent Broadcasting Authority) of 22 February 2000, which authorised the television advertising of the Internet sites of companies in sectors banned from advertising (press, distribution, cinema, literary works) under the terms of Article 8 of the Decree of 27 March 1992 (see IRIS 2000-3: 12). The Council of State thus upheld the request of professional organisations in the film and radio sectors, which thought that the CSA's decision was...