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IRIS 1999-2:1/10 [FR] Canal+ Found Guilty by the Fair Trading Council of Abuse of Dominant Position

In July 1997 Télévision par satellite (TPS), one of the three digital bundles of channels in France, and its payper-view service Multivision applied to the Fair Trading Council ( Conseil de la concurrence) for it to examine certain practices of the terrestrial pay-channel Canal+ which they considered unfair. The decree of 9 May 1995 and the agreement signed by Canal+ and the Conseil Supérieur de l'Audiovisuel (CSA) require the encrypted channel to devote at least 25% of its total annual resources excluding VAT to the acquisition of exclusive broadcasting rights to cinematographic works which have...

IRIS 1999-2:1/3 [FR] French Government Keen to Promote the Development of Internet in France

On 19 January, one year after adopting the government's action programme for the information society ( programme d'action gouvernemental pour la société de l'information - PAGSI), the Prime Minister announced at a meeting of an interministerial committee a number of new measures to promote the development of Internet in France. Asserting its desire to construct a legislative framework to protect exchanges and privacy, the Government has decided to fundamentally change direction by completely deregulating encryption in France. The provisions of the law of 26 July regulating telecommunications 1996...

IRIS 1999-2:1/2 [FR] Territorial Jurisdiction Concerning Text Put On-line in another Country

On 13 November 1998 the Regional Court of Paris declared itself fit to deal with proceedings concerning a text circulated from a site in another country and received and seen within the territorial limits of the responsibility of the Paris Court. The site, called "Aaargh", included revisionist texts, presented under the name of the defendant, Robert Faurisson. The defendant submitted that the texts could not be attributed to him and that none of the offences held against him had taken place within the national territory, since "Aaargh" was located in the United States. The defence held that the...

IRIS 1999-1:1/27 [FR] CSA Puts Out Four Calls for Candidates for Local Television

On 17 November the CSA ( Conseil Supérieur de l'Audiovisuel - national radio and television supervisory body) put out four calls for candidates to use frequencies with a view to authorising terrestrial-broadcast television channels for local expression in Tours, Clermont-Ferrand, Luçon and Les Sables-d'Olonne. Companies awarded an authorisation would be required to provide a minimum of between one and a half and two hours each day of locally-produced broadcasts being shown for the first time, with the lion's share being reserved for local expression. Until now, the CSA has hesitated to give definite...

IRIS 1999-1:1/6 [FR] CSA and Conseil d'Etat Acknowledge Luxembourg Nationality for RTL 9

Since May 1998 the French group AB has been the majority shareholder, with 65% of its shares, in the RTL 9 television channel; CLT-UFA holds only 35%. This take-up has been followed by changes in the organisation and functioning of the channel, whose agreement with the CSA ( Conseil Supérieur de l'Audiovisuel - national radio and television supervisory body) ) had expired. When called upon to determine which legal scheme the channel came under, the CSA noted that its registered office, staff and most of its means of production were established in Luxembourg. CLT-UFA also has editorial responsibility...