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IRIS 2019-8:1/19 [FR] Publication of controversial legislation creating a "GAFA tax"

Act No. 2019-759 of 24 July 2019 “creating a tax on digital services and changing the trajectory of corporate tax cuts” was gazetted on 25 July 2019. The "GAFA tax", which was promoted by Minister of the Economy and Finance Bruno Le Maire, is based on European draft legislation that was not passed because of reticence on the part of several European Union member States. That leaves France as a pioneer. The newly-created tax amounts to 3% of the turnover generated by certain digital activitiesin France. It covers revenue from targeted on-line advertising,...

IRIS 2019-7:1/17 [FR] Social network regulation taskforce presents its report

A year after it was launched last May by Emmanuel Macron and Mark Zuckerberg, and shortly before the French President and Facebook’s CEO met again at the Elysée Palace, the social network regulation taskforce published its report on 10 May. The taskforce’s remit was to lay the ground for a general regulatory framework, building on the fight against online hate speech and relying on Facebook’s voluntary cooperation outside any legal framework. Discussions between Facebook and the taskforce have been held, for example, at several meetings in Paris, Dublin (home of Facebook’s European headquarters)...

IRIS 2019-7:1/16 [FR] Towards a new chapter for public film policy?

On 13 May 2019, the President of the Republic announced the creation of a EUR 225 million public investment fund to support companies in the cultural sector and the development of equity loans in the sector. The announcement followed the publication of a report by Dominique Boutonnat on the private financing of film and audiovisual production and distribution. Everyone in the film and audiovisual industries agrees that the funding of French audiovisual production is about to be radically transformed. They point to a number of warning signs, including a structural decline in the average budget of...

IRIS 2019-7:1/15 [FR] Decision by Competition Authority on historic channels’ exercise of preferential rights for films originally made in French

The French Competition Authority (Autorité de la Concurrence) received an application from the companies Groupe Canal Plus, D8 and D17 (which have since become C8 and C Star) denouncing the practices applied by TF1, France Télévisions and Métropole Télévision in the marketplace for the acquisition of rights in respect of ‘catalogue’ cinematographic works originally made in French (œuvres cinématographiques d’expression originale française - referred to as ‘EOF films’). The obligations to invest in cinematographic production incumbent on the free DTT channels are set out in Decree No. 2010‑747 of...

IRIS 2019-7:1/14 [FR] First urgent application to block dissemination of a tweet under the Act on combating the manipulation of information

For the first time, the Paris Regional Court has dealt with an urgent application aimed at blocking the dissemination of “fake news” during an election campaign in a procedure introduced under the Act on combating the manipulation of information of 22 December 2018. On 10 May 2019, an MEP and a Left Front senator filed a summons against Twitter under Article L. 163-2 of the Electoral Code, which was introduced under the above-mentioned Act. They requested that the platform be ordered to block the dissemination of the following tweet, which had been published on the French Interior Minister’s account...