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IRIS 2019-2:1/9 [FR] Conseil d’État confirms CSA sanction against Radio Courtoisie after broadcast of discriminatory comments

Following several comments made in 2015 and 2016 on Radio Courtoisie, a far-right radio station regularly examined by the regulator due to on-air infringements, the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) imposed a fine of EUR 25,000 on the company holding the license. The fine was imposed for infringing its obligations under Articles 2(4) and 2(10) of its licence of 8 February 2012, concerning incitement to racial or religious discrimination and control of the station respectively. The radio station asked the CSA to lift this sanction. As the CSA mentioned...

IRIS 2019-2:1/3 Court of Justice of the European Union: Playmédia case: CJEU replies to Conseil d’Etat’s questions on must-carry obligations

On 13 December 2018, the Court of Justice of the European Union (CJEU) delivered its replies to the questions referred for a preliminary ruling presented by the Conseil d’Etat with regard to a dispute between France Télévisions and the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA). On 27 May 2015, the CSA served official notice on the public-sector television group, requiring it to comply in future with the provisions of Article 34(2) of Act No. 86-1067 of 30 September 1986 on freedom of communication by ceasing to oppose Playmédia’s carriage of France Télévisions’...

IRIS 2019-1:1/19 [FR] CSA publishes its annual report on the application of its Food Charter 

On 29 October 2018 the national audiovisual regulatory authority, the Conseil Supérieur de l’Audiovisuel (CSA), published a report, which will be sent to the national parliament; the aim of the report is to assess the action taken by the audiovisual communication services in respect of (and to determine the level of compliance with the obligations contained in) its Food Charter. The principle of compiling a report on this area, in order to provide better information regarding television channels’ actions, was incorporated into the Act of 30 September 1986 by the Act of 20 December 2016, which abolished...

IRIS 2019-1:1/18 [FR] Molotov TV: HADOPI delivers opinion on the private copying exception for television programmes reproduced by remote access

On 29 October 2018, France’s high authority for the broadcasting of works and the protection of rights on the Internet, the Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet (HADOPI), delivered its opinion on the effective implementation of the private copying exception with regard to television programmes received via the Molotov TV platform. It is HADOPI’s mission to ensure that the technical restrictions implemented by online services do not have the effect of depriving anyone of the effective benefit of the private copying exception. Molotov TV, which offers...

IRIS 2019-1:1/17 [FR] CSA orders Canal Plus to broadcast message

At 7 a.m. on 22 December 2017, the TV channel Canal Plus broadcast a programme about Togo, explaining in particular that this African state, in which Vincent Bolloré, the channel’s owner at the time, has numerous interests, has “modern infrastructure” and “an ambitious development policy that encourages investment from all over the world”. The programme, which was just under seven minutes long and resembled an “infomercial”, had not been listed in the schedule and did not contain any opening or closing credits. Viewers were therefore uninformed about its nature or its purpose. As a result, the...