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IRIS 2020-3:1/23 BFM TV’s broadcast of Champions League final contravened its licence

In March 2019, the Altice media group, which holds the exclusive rights to broadcast football’s UEFA Champions League final, announced its intention to transmit the match live on 1 June 2019 not on RMC sport, which had shown the other matches in the competition, but free-to-air on BFM TV, which it also owned. On 3 April 2019, the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) warned the group that such a broadcast would not fall under any of the programme categories that the channel was authorised to show and would breach its agreement...

IRIS 2020-3:1/22 The CSA was not entitled to punish Radio Courtoisie for broadcasting racist comments

The company that produces the terrestrial analogue radio station Radio Courtoisie asked the Caen regional audiovisual committee to renew, without a call for tender, its broadcasting licence for a specific geographical area, which was due to expire on 3 December 2018. On 27 November 2017, the regional committee rejected its request on the grounds that the company had been fined EUR 25 000 by the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) on 4 October 2017. The company therefore lodged an administrative appeal with the CSA, which rejected...

IRIS 2020-2:1/3 Extensive audiovisual reform bill unveiled

The wide-ranging new draft law on audiovisual communication and cultural sovereignty in the digital age, which was announced several months ago, was tabled by the Minister of Culture on 5 December. The government has applied the expedited procedure for the document, which is expected to be examined by parliament from spring onwards. The draft contains far-reaching amendments to the Freedom of Communication Act of 30 September 1986, designed to take into account the rapidly changing nature of this sector. Firstly, it sets out a series of measures to support audiovisual creation, in particular...

IRIS 2020-2:1/5 Validation of the remuneration scale for private copying by users of remote personal recording services  

Molotov TV is a television distribution platform that provides an OTT service enabling users to copy programmes and store them in their personal ‘cloud’. Article L. 311-4 of the Intellectual Property Code, in the version adopted under the Act of 7 July 2016, states that remuneration for private copying is “paid by the broadcaster or distributor of a radio or television service [...] that provides a physical person, through remote access, with a reproduction, for private use, of works based on a programme that forms part of a linear broadcast by the broadcaster or distributor...

IRIS 2020-2:1/6 CSA classification of documentary programmes

The company RMC Découverte, broadcaster of the terrestrial television service of the same name, signed an agreement with the Conseil supérieur de l’audiovisuel (French national audiovisual regulatory authority – CSA) on 3 July 2012 which stipulated in Article 3-1-1 that “documentaries shall represent at least 75% of the total airtime each year and shall cover a wide variety of subjects.” Having decided that 27 programmes broadcast in 2016 did not qualify as documentaries within the meaning of its agreement, the CSA notified the company in September 2017 that...