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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...

IRIS 2020-2:1/7 Television channel met its obligations in rape complaint reports

On 14 June 2018, the television channel BFM TV broadcast two news items, each several minutes long, in which a journalist reported that a rape complaint had been filed against a lawyer and former French MP, who was an MEP at the time, as well as an interview with the complainant, who remained anonymous, and the captions “Laetitia, plaignante contre Gilbert C...” (“Laetitia, complainant against Gilbert C…”) and “C... accusé de viol, il dément” (“C…accused of rape, he denies it”).  Following the broadcast, the...

IRIS 2020-1:1/28 All tablet computers to be taxed at same rate for private copying

Private copying constitutes a well-known exception to copyright under Article L 122-5-2 of the Intellectual Property Code (which regulates authors’ rights) and Article L 211-3-2 (which regulates neighbouring rights). Authors of works that are copied in a non-commercial and non-professional context are entitled to compensatory remuneration, which is paid at source and collected directly from manufacturers and importers of digital media and recording devices used for copying. These companies add the tax to the purchase price paid by consumers. The Private Copying Committee, created under Article...

IRIS 2020-1:1/27 Definition of “insult” with regard to the violation of human dignity and parody

In a decision delivered on 25 October 2019, the highest formation of the Court of Cassation put an end to a dispute that had been going on for nearly eight years, defining the possible limits of insult (injure) with regard to the violation of human dignity on the one hand and the use of parody on the other. On Saturday, 7 January 2012, during the programme On n’est pas couché broadcast by France 2, the presenter, Laurent Ruquier, had displayed several posters parodying candidates in the French presidential election that had been published a few days earlier in the satirical...

IRIS 2020-1:1/24 CSA’s RT France warning confirmed

Having received an official warning from the French national audiovisual regulatory authority (Conseil supérieur de l’audiovisuel – CSA) in June 2018 after broadcasting a news report, RT France, the French-language outlet of the Russian international news channel RT, requested the retraction of the warning – which demanded that it respect its agreement with the CSA – on the grounds that the CSA had abused its powers. Article 2-3-6 of the channel’s agreement with the CSA (in the version applicable at the time) states: “The honesty requirement applies to...