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IRIS 2018-9:1/15 [FR] Paris Première warned by CSA following incitement to racial and religious hatred

Writer and journalist Eric Zemmour, who presents a weekly programme on the television channel Paris Première, continues to create controversy in his television broadcasts, despite several court convictions for inciting religious hatred. On 12 September 2018 the French national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - the CSA), which had previously warned the channels Canal Plus and RTL following appearances by the journalist, was asked for its opinion on a sequence broadcast during the programme Zemmour et Naulleau on Paris Première on 20 January 2018, in which the...

IRIS 2018-9:1/14 [FR] CSA warning letter cannot be appealed

On 26 July, the Conseil d’Etat issued a judgment that sheds some light on the means of contesting a warning letter sent to a television channel by the French national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - the CSA). In the case concerned, the president of the CSA had been asked by anti-homophobia organisations to examine a sequence broadcast on the television channel Canal Plus during which someone had repeated a homophobic chant performed by Olympique de Marseille supporters. The CSA accordingly sent a letter to the chairman of the Canal Plus group informing it...

IRIS 2018-9:1/13 [FR] Civil actions relating to literary and artistic property: clarification of regional courts’ exclusive jurisdiction

On 28 June 2018, the Court of Cassation issued a judgment explaining in detail the exclusive jurisdiction assigned by the Code de la propriété intellectuelle (Intellectual Property Code - the CPI) to the regional courts in relation to literary and artistic property. It referred to Article L. 331-1, paragraph 1 of the CPI, which states that “civil actions and requests concerning literary and artistic property, including those relating to unfair competition, fall under the exclusive jurisdiction of the regional courts, as determined by regulations”. In the case at hand, a production company accused...

IRIS 2018-9:1/12 [FR] Does the special scheme granted to the INA for using audiovisual archives comply with Directive 2001/29 on copyright?

The holders of the rights to the works of a deceased jazz drummer claimed that the Institut National de l’Audiovisuel (the National Audiovisual Institute - the INA) was marketing a number of video clips and a disc on its website that reproduced some of the musician’s performances without their authorisation. They had the INA summoned to appear in court to obtain compensation for the infringement of the rights that they hold, invoking Article L. 212-3 of the Code de la Propriété Intellectuelle (the Intellectual Property Code - CPI). Since the adoption of legislation on 1 August 2006 amending Article 49...

IRIS 2018-8:1/24 [FR] Reform in public audiovisual sector - Government announces its decisions

On 4 June 2018, Minister for Culture Françoise Nyssen presented her plan for the reform of the public audiovisual sector. Stressing the need to involve all the professionals in the sector and the creation branch, she appointed a consultative task group which made its conclusions public on 18 July 2018. The first work area identified by the task group concerned an increase in the offer of local programmes, which should involve tripling the number of regional programmes on France 3, covering all programme genres: news, documentaries and magazine programmes, service broadcasts, sport, etc. The second...