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IRIS 1999-3:1/22 [FR] CSA Issues Formal Notices to TF1 and France 3 in respect of Failure to Observe the Principle of the Honesty of Information

The principle of the honesty of information referred to in Article 2 of the Freedom of Communication Act of 30 September 1986 requires that television viewers should be given correct information and that procedures likely to mislead them should not be used. This principle is taken up in the terms and conditions of the public-sector channels, which are required to "refrain from using procedures likely to be affect the provision of correct information to the viewer". Under their agreement with the CSA ( Conseil supérieur de l'audiovisuelofficial audiovisual regulatory body), the private-sector channels...

IRIS 1999-3:1/1 [FR] Paris Court of Appeal Acknowledges Liability of an Internet Site Host

The Court of Appeal in Paris recently delivered its decision in the dispute between a well-known model and an Internet service provider. The provider had allowed one of the web sites it hosts to show nude photographs of the model. Maintaining that publication of the photographs infringed her right of personal portrayal and her right to personal privacy, the model had applied to the urgent applications judge, whose powers include putting a stop to a manifestly unlawful nuisance. In his order of 9 June 1998, this judge found that the matter of liability on the part of the access provider or host...

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...