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On 26 November 2018, the EU Commission initiated proceedings for infringement of the Treaty on the Functioning of the European Union against 17 member states for non-compliance with the Directive requiring the transposition into national law of the Marrakesh Treaty (Directive (EU) 2017/1564) (see IRIS 2017-9/4 and IRIS 2016-9/4). The Marrakesh Treaty is a WIPO-administered convention that was signed on 27 June 2013 and entered into force on 30 September 2016, after the first 20 ratifications. The Treaty facilitates access to print works in formats adapted for persons who are blind, visually...

On 4 October, French Member of Parliament Aurore Bergé submitted to the National Assembly forty proposals for “a new regulation on audiovisual communication in the digital era”. The proposals are the result of a fact-finding mission conducted since February by MPs on the Cultural Affairs Committee. The first major section of the report is devoted to combating piracy. It proposes that the competence to impose fines be given to the Haute Autorité pour la Diffusion des Œuvres et la Protection de la Création sur Internet (High Authority for the Broadcasting of Works and the Protection of rights on...

On 15 October the highest administrative tribunal in France, the Conseil d’Etat, received a request from the company v France Radio for the cancellation of a formal order imposed on it by the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA). The CSA had reached its decision after the broadcast on 2 February 2017 of a sequence during which the polemist Eric Zemmour made critical comments regarding what he considered to be the US Supreme Court’s misapplication of the “principle of non-discrimination”, and denounced the influence of this jurisprudence on the European...

The company that runs the NRJ radio station lodged an appeal with the Conseil d’Etat seeking the cancellation of the decision of the Conseil Supérieur de l’Audiovisuel (the national audiovisual regulatory authority - CSA) of 22 November 2017 ordering it to pay a fine of EUR 1 million following the broadcasting of the programme “C'Cauet” on 9 December 2016. The disputed sequence was the result of a practical joke conducted over the telephone lasting about ten minutes, during which one of the programme’s (female) commentators and an accomplice listener, presented as the sister-in-law of the person...

Reforming audiovisual regulation is one of the Ministry of Culture’s main priorities after the summer break. According to insiders, Minister for Culture Françoise Nyssen is hoping, in the next few months, to finalise a text for discussion by Parliament in the first half of 2019. On 11 September, the French national audiovisual regulatory authority (the Conseil Supérieur de l’Audiovisuel - the CSA) unveiled its “twenty proposals for reforming audiovisual regulation”. The first task, according to the CSA, is to broaden the scope of the regulations by incorporating video-sharing platforms, social...