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IRIS 2019-5:1/15 [FR] Proposed legislation on on-line hate to be debated in parliament soon

Laetitia Avia (MP for Paris, REM party) has tabled a bill to “combat online hate” which should be examined within the coming weeks. The wording is in line with the desire that Emmanuel Macron has expressed to oblige all the parties concerned (platforms, Internet users, and Internet access providers) to face up to their responsibilities in the fight against hate on the Internet. As noted in the explanatory statement to the bill, the current legal provisions governing online hatred are mainly those contained in the Law on confidence in the digital economy (Loi pour la confiance dans l’économie numérique...

IRIS 2019-5:1/14 [FR] Conseil d’État confirms “12” rating for film “Sausage Party”

In 2016, the Minister of Culture awarded a “12” rating without a separate warning for the original subtitled version of the animated film “Sausage Party”. The “Juristes pour l’enfance” association asked the Paris Administrative Court to suspend this decision on the grounds of misuse of power, arguing that the film should have carried a “16” rating. The court refused this request, as did the relevant administrative appeal court. The association then appealed to the Conseil d’État (Council of State). In a judgment of 4 March 2019,...

IRIS 2019-5:1/13 [FR] Political pluralism on television, European elections and editorial freedom

The Paris Administrative Court, followed by the Conseil d’État (Council of State), was recently asked to issue urgent decisions by three politicians who wanted to participate in a televised debate involving nine other candidates heading party lists in the European elections, which was broadcast on France 2 at 9 p.m. on 4 April 2019. They were Benoît Hamon, François Asselineau and Florian Philippot, who headed the lists for Génération.s, the UPR and Les Patriotes respectively. On 1 April 2019, the urgent applications judge of the Paris Administrative Court allowed the politicians’ requests. He pointed...

IRIS 2019-4:1/17 [FR] New Composition for the French CSA

Following the proposal by the French President Emmanuel Macron and the endorsement by the National Assembly and the Senate, Roch-Olivier Maistre was appointed as President of the French “Conseil supérieur de l’audiovisuel” (CSA) for a six-year mandate, as of 4 February 2019. He replaces Olivier Schrameck, whose term came to an end on 23 January 2019. Roch-Olivier Maistre was, inter alia, an Adviser to the Office of the Minister of Culture and Communication, an Adviser for Education, Culture and Communication to the French President, President of the Regulatory Authority for Press Distribution (Autorité...

IRIS 2019-4:1/16 [FR] Competition authority urgently calls for regulatory constraints on traditional audiovisual providers to be relaxed

On 21 February 2019, at the request of the National Assembly’s Committee on Cultural Affairs and Education, the French competition authority published its opinion on the forthcoming audiovisual reforms. The authority’s key proposal is for the relaxation of restrictions on traditional audiovisual providers in order to enable them to compete on equal terms with online video platforms (e.g. Amazon and Netflix). The evidence is clear: these new platforms, which entered the market in 2014 and have more subscribers in France than Canal Plus (Netflix has over 5 million subscribers) have adopted an innovative...