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Decree no. 2021-1923 of 30 December 2021 explains how the Autorité de régulation de la communication audiovisuelle et numérique (Regulatory Authority for Audiovisual and Digital Communication – ARCOM), pursuant to Article 43-8 of the Law of 30 September 1986 as amended by the Law of 25 October 2021 transposing the Audiovisual Media Services Directive, can provisionally suspend the retransmission of television and on-demand audiovisual media services that fall under the jurisdiction of another EU member state. Such a sanction can be imposed if a service poses a serious...

Following the decree of 22 June 2021 concerning on-demand audiovisual media services (“SMAD decree”), the framework of obligations to contribute to cinematographic and audiovisual production was further modified with the publication of the so-called "DTT" and "Cable-Satellite" decrees on 30 December 2021. According to the Ministry of Culture, these decrees have a number of objectives. Firstly, they are designed to simplify the regulatory framework by increasing the use of the agreements concluded between service providers and the Autorité de régulation...

Video-sharing platforms, which are now covered by Article 2 of the Law of 30 September 1986, are subject to certain obligations set out in Articles 59 to 61 of the Law. Decree no. 2021-1922 of 30 December 2021 explains these obligations in respect of commercial communications that are marketed, sold or organised by these platforms. Commercial communications (in particular advertising, sponsorship, teleshopping and product placement) are “images, with or without sound, designed to directly or indirectly promote products, services or the image of a natural or legal person who exercises an economic...

After the Law of 24 July 2019 protecting the neighbouring rights of press publishers and agencies, and the Ordinance of 12 May 2021 that transposed into French law the new system of liability of content-sharing platforms and mechanisms for the fair remuneration of rightholders, the Ordinance of 24 November 2021 completed the transposition of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market, the deadline for which had been 7 June 2021. In accordance with Articles 3 to 6 of the Directive, the Ordinance provides for and adapts exceptions to copyright and neighbouring...

On 3 July 2012, the company RMC Découverte, which operates the terrestrial television channel of the same name, signed an agreement with the Conseil supérieur de l’audiovisuel (the French audiovisual regulator – CSA), Article 3-1-1 of which requires it to ensure that “documentaries make up at least 75% of total airtime each year and cover a wide variety of topics.” In decisions of 11 July 2018, 17 June 2019 and 20 May 2020, the CSA refused to classify 16, 15 and 6 programmes broadcast by the channel as “documentaries”, as defined in the agreement....