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The provisional order ( ordonnance de référé) of the regional court of Bordeaux of 11 March 1995 dismissed the ban on the televised broadcasting of sports events. Shortly afterwards, the television companies rejected the Code of Good Conduct which would have allowed them to broadcast certain sports events that that took place out of France, even if they showed advertising placards for alcoholic drinks. This meant that international sports events would no longer come within the scope of the Evin Law (Loi Evin) of 10 January 1991. The judge laid down that French television companies were simply retransmitting...

In a ruling of 18 January 1995, the regional court of Nanterre confirmed that any private individual holds the exclusive rights to the use of his or her own picture, an inherent part of his or her personality, and that the individual in question can refuse the broadcasting or reproduction hereof without his or her express or tacit permission. The facts are as follows : on 19 November 1992, a Reuter's journalist filmed a fire in a building in Paris which included scenes of panic , especially one scene where one of the inhabitants of the building, Laurent Gilles, was hanging from a window before...

In a decision (arrêt) of 11 April 1995, the Court of Cassation declared that the mandatory agent, responsible for drawing up a contract between a performers' association and certain television channels for the radio and television broadcasting of sound recordings, is held personally liable (liability in tortresponsabilité délictuelle) for any prejudice caused to the third party during the course of his or her mission. In this case in point, the fault committed for which the agent is held liable (faute détachable), which can equally well be a failure to act as much as a positive but mistaken action,...

The Decision (arrêt) of the Court of Cassation of 3 April 1995, upheld the ruling of the Court of Appeal which found the Editor and a journalist of the satirical weekly guilty of publishing of tax documents of Mr.Jacques Calvet. The offence in question was not concealment of theft or of information but "concealment of breach of professional secrecy", through the concealment of photocopies of part of three tax notices of the managing director of one of the main French car manufacturers. The Court found that an employee of the French tax department was behind the disclosure of the tax documents and...

In IRIS 1995-5 : 12 we wrote that the Minister of the Interior and Regional Planning had banned Egyptian theologist Youssef Qaradhawi's book"What's lawful and unlawful in Islam", published by éditions Al Qalam in Paris. The book was considered as a foreign written work of a nature likely to provoke public disorder. We stated in the article that the Minister of the Interior was ready to accept the appeal made by the Rector of the Great Mosque of Paris, Dalil Boubakeur. By way of his Decision (Arrêté) of 9 May 1995, the Minister of the Interior, following representations made by the publishers,...