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IRIS 2024-9:1/11 [FR] Rejection of urgent appeal by C8, NRJ12 and Le Média against ARCOM’s decision to refuse DTT licence applications

In a press release dated 24 July 2024, the Autorité de régulation de la communication audiovisuelle et numérique (the French audiovisual regulator – ARCOM) announced which broadcasters had been preselected for the reallocation of 15 DTT frequencies in 2025, rejecting the renewal applications of the channels NRJ12 and C8, as well as the application submitted by Le Média. In separate appeals, the rejected companies asked the interim relief judge of the Conseil d'Etat (Council of State) to stay the execution of the decision announced in the ARCOM press release. The...

IRIS 2024-8:1/5 [FR] Meta breached contract by closing Facebook account of historian who denounced Daesh abuses

In a ruling of 5 June 2024, the Tribunal Judiciaire de Paris (Paris Judicial Court) passed judgment in a case between a historian and the company Meta Platforms Ireland Limited, which had closed her Facebook account after she published an article denouncing the abuses committed by the Daesh movement in Africa. The historian had, in particular, complained of a breach of contract and the unfairness of the termination clause contained in the social network’s terms of service. The court ruled firstly on Meta’s fulfilment of its contractual obligations. It analysed the content of Facebook’s...

IRIS 2024-8:1/8 [FR] RSF case review: ARCOM urges CNews to meet pluralism obligations

In its decision of 13 February 2024 concerning Reporters Without Borders (RSF), the Conseil d’Etat (Council of State) asked the Autorité de régulation de la communication audiovisuelle et numérique (the French audiovisual regulator – ARCOM) to review RSF’s request that it serve a formal notice to CNews, requiring it to meet its obligations with regard to pluralism and independence of information. The regulator issued its decision on 29 July. In order to assess the channel’s overall respect for pluralism, ARCOM explained, in line with the Conseil...

IRIS 2024-8:1/9 [FR] ARCOM clarifies monitoring of TV and radio channels’ respect for pluralism

The Autorité de régulation de la communication audiovisuelle et numérique (the French audiovisual regulator – ARCOM) published a decision dated 17 July 2024, in which it issued new rules on the monitoring of private and public broadcasters’ compliance with their obligations regarding pluralism of opinion. In its decision, the regulator explained the conditions for the implementation of the Conseil d’Etat (Council of State) decision of 13 February 2024 (see IRIS 2024-3:1/12), in which ARCOM was given six months to review the compliance of TV channel CNews at...

IRIS 2024-7:1/10 [FR] Request for preliminary ruling on constitutionality of ARCOM’s powers to sanction broadcast of insulting comments

In support of its application for the annulment of decision no. 2023-63 of 9 February 2023 in which it was fined by ARCOM (the French audiovisual and digital communications regulator), the C8 company requested that the Conseil constitutionnel (Constitutional Council) be asked to examine the constitutionality of several provisions of the Law of 30 September 1986 on freedom of communication. Under the disputed provisions, ARCOM is authorised to impose penalties without prejudice to any criminal court proceedings brought by the public prosecutor’s office or individuals under ordinary law for...