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IRIS 2021-10:1/6 [FR] Access for minors to pornographic websites: ARCOM’s powers stipulated by decree

Decree no. 2021-1306 of 7 October 2021 sets out the conditions for the application of the intervention measure devolved to the French audiovisual regulator (CSA, now known as ARCOM) under Article 23 of the Law of 30 July 2020 with regard to providers of online public communication services that allow minors to access pornographic content in violation of Article 227-24 of the Penal Code. Incorporated in the Law on Domestic Violence, this provision aims to protect minors from exposure to pornographic content. Therefore, if a provider of an online public communication service is found to be allowing...

IRIS 2021-10:1/7 [FR] Refusal of request for Internet access providers to block pornographic websites accessible to minors

Two child protection organisations filed a motion for a summary hearing in the hope that the courts would order France’s largest Internet access providers to take appropriate measures to block access to nine pornographic websites. Their claims were based, firstly, on the provisions of Article 6-I-8 of the Law on Confidence in the Digital Economy (LCEN) of 21 June 2004, and secondly on the provisions of Article 835(1) of the Code of Civil Procedure. They were not, however, based on Article 23 of Law no. 2020-936 of 30 July 2020, which assigns jurisdiction in the dispute to the president of...

IRIS 2021-10:1/8 [FR] Agreement signed between authors and producers on model clauses for cinema contracts

On 11 October, following the signature of a similar agreement with audiovisual producers at the Festival de la Rochelle in September, professional authors’ organisations including the SACD, ARP, FAMS and ACID, along with representatives of the cinematographic production industry (API, SPI, UPC), signed, in the presence of the French Minister of Culture, a professional agreement establishing model clauses designed to protect copyright in cinema contracts. This collective agreement provides film authors with the assurance that principles relating to the fixing of their remuneration (proportional...

IRIS 2021-10:1/9 [FR] Collecting society for press neighbouring rights established

Two years after the Lsaw of 24 July 2019 (no. 2019-775) was adopted, Europe’s first collective management body dedicated to the management of neighbouring rights of press publishers and agencies was established in France on 26 October. Chaired by Jean-Marie Cavada, a former MEP who was heavily involved in the adoption of the EU Directive on copyright and related rights in the Digital Single Market, the société des Droits Voisins de la Presse (Press Neighbouring Rights Collecting Society – DVP), which was launched on the initiative of the FNPS, SEPM and SPIIL press unions,...

IRIS 2021-9:1/8 [FR] CSA reviews measures to combat the manipulation of information on online platforms

The loi du 22 décembre 2018 relative à la lutte contre la manipulation de l’information (Law of 22 December 2018 on combating the manipulation of information), requires online platform operators to cooperate in this area. For the second year, 11 such operators notified the CSA (the French audiovisual regulator) of the methods they had implemented in the fight against the dissemination of false information: Dailymotion, Facebook, Google (Google Search and YouTube), LinkedIn, Microsoft (Bing and Microsoft Advertising), Snapchat, Twitter, Unify (Doctissimo), Webedia (Jeuxvideo.com),...