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IRIS 1998-8:1/10 [FR] Right of Reply to an Advertising Message on Television

The Court of Cassation (2nd Civil Chamber) has recently (11 June 1998) delivered a decision stating that Article 6 of the Act of 29 July instituting a right of reply in the audiovisual communications services does not differentiate between the various possible forms of audiovisual communication and may therefore apply to an advertisement. The Court nevertheless recalled that, unlike the principles governing the written press, according to which a person need only be "designated" in a piece of writing to be entitled to reply, in audiovisual matters the message needed to contain "charges likely to...

IRIS 1998-7:1/14 [FR] infringement of Planète channel's packaging

The packaging of a channel aims to create a visual identity by which the viewer will recognise the channel's characteristics and this deserves to be legally protected. Planète channel--in the form of words that scroll horizontally and vertically on In this case, the packaging of the the screen and cross at a right angle--constitute an intellectual work protected by copyright. The company TPS, operator of a bundle of channels and services transmitted by satellite since November 1996, provides a socalled welcome channel whose packaging also consists of words scrolling horizontally and vertically...

IRIS 1998-7:1/9 [FR] Conditions of transmitting matches of the football World Cup

TPS, Canal Plus and AB Sat) In France, competition between programme bundles transmitted by digital satellite ( is in full swing. A while ago, Canal Plus questioned whether the public service channels France 2 and France 3 should be able to conclude an exclusive carriage contract with TPS. This time, Canal Plus went to court to ask for an injunction against France 2 broadcasting recorded World Cup football matches on the Superfoot 98 programme. Canal Plus had its case dismissed in a judgement by the Paris Commercial Tribunal on 25 May 1998. Superfoot 98 is a programme in wide-screen (16/9) format...

IRIS 1998-6:1/16 [FR] Amended Descriptions of Duties and Terms of Reference for France 2 and France 3

A decree dated 6 May 1998 amends the descriptions of duties and terms of reference of the public-service television channels France 2 and France 3, in an attempt to close the gap between the legal systems governing private channels and public-service channels, thereby making supervision by the regulatory body, the Conseil Supérieur de l'Audiovisuel (CSA) easier. The decree of 6 May covers firstly the relations between France 2 and France 3 and audiovisual producers. In 1997 these producers - through their main professional union, the audiovisual production union ( USPA - Union Syndicale de la...

IRIS 1998-6:1/8 [FR] Quotas for Songs in French not Contrary to Treaty of Rome

In applying Article 25 of the Act of 30 September 1986 (loi relative à la liberté de communication) amended by the Act of 1 February 1994, which introduced the obligation for radio and audiovisual broadcasting companies to comply with quotas for broadcasting songs in French, the CSA (Conseil Supérieur de l'audiovisuel - the national radio and television supervisory body) proposed on 21 June 1994 that the company operating the Fun Radio station should amend its agreement in order to comply with the statutory provisions. In reply to the CSA, the radio station expressed reservations about these new...