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IRIS 2019-9:1/15 [FR] Conseil d'Etat clarifies scope of “must-carry” obligation of distributors of audiovisual services

A decision taken by the Conseil d’Etat on 24 July 2019 finally ended a long-running dispute dating back to 2014 between the public broadcaster, France Télévisions, and the Playmédia company. Playmédia live-streams television programmes on its website (playtv.fr) and receives most of its funding from advertising. The Conseil d’Etat, referring to a judgment of the Court of Justice of the European Union (CJEU), explained the scope of the “must-carry” obligations of distributors of audiovisual services. Article 34-2 of the Act of 30 September 1986 lays down a “must-carry” obligation requiring distributors...

IRIS 2019-9:1/14 [FR] Court of Cassation rules on deep links and audiovisual communication company's neighbouring rights

In a judgment of 4 July 2019, the Court of Cassation drew a line under the intellectual property element of the dispute between public broadcaster France Télévisions and Playmédia, a company that live-streams television programmes on its website (playtv.fr) and receives most of its income from advertising. In 2016, Playmédia was ordered by the Paris Appeal Court to pay EUR 200 000 to France Télévisions for infringing its “neighbouring rights” and EUR 150 000 on the grounds of unfair competition for allowing access to its playtv.fr website to programmes broadcast by France Télévisions on its own...

IRIS 2019-8:1/22 [FR] Next steps towards transposing Copyright Directive into French law through the Audiovisual Reform Bill

The Law creating a neighbouring right for news agencies and news publishers will not be the last piece of copyright legislation in France. At the start of July, the Minister of Culture, Franck Riester, announced the “next stages” of work to transpose the EU Copyright Directive. “The government is continuing to work on all the other topics in an effort to quickly transpose the essential provisions,” he said. Referring to Articles 17 and 18 of the new law, which aims to oblige online platforms to pay fair remuneration to creators for the content that they redistributeand fair and proportional remuneration...

IRIS 2019-8:1/21 [FR] Neighbouring rights: France is the first country to transpose the European Copyright Directive

The French Minister of Culture, Franck Riester, has welcomed the adoption of the law of 24 July 2019 creating a neighbouring right for news agencies and news publishers, noting that “France is the first country to transpose the EU directive on neighbouring rights [Directive 2019/790 on copyright and related rights in the Digital Single Market] into national law.” In accordance with Article 15 of the directive, the law provides news publishers and news agencies with the right to remuneration for any reproduction and communication to the public of news content in digital form. The rights provided...

IRIS 2019-8:1/20 [FR] National Assembly adopts online hate speech bill

On 9 July 2019, French MPs adopted a bill to combat online hate speech by 434 votes to 33, with 69 abstentions. The bill, called for by the President of the Republic and tabled by majority party MP Laetitia Avia, requires Internet platforms and search engines – if they meet various thresholds that will be set by decree – to remove or block content that is "obviously"illegal within 24 hours of it being reported, or risk a fine of up to EUR 1.25 million. The content concerned is that which “obviously infringes the provisions of Article 6(I)(7)(3) of the Law ontrust in the digital economy (LCEN) and...