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The founder of the Internet site eMule Paradise, one of the most popular downloading sites in France at the time, was prosecuted for having proposed and managed a catalogue of counterfeited films, television series and cartoons between 2005 and 2007, and - having provided access to its site via links and indications - making it possible to install and parameter eMule’s illegal downloading software. Presentations of the films available for downloading were also available on the Internet site at issue; these were updated constantly. Over a period of two years, these activities generated at least...

Following in Orange’s footsteps (see IRIS 2018-3/15), Canal+ has entered the battle between TF1 and its distributors. Angered by TF1’s demands for payment for carrying its channels, the Canal+ group decided on 1 March 2018 to cease broadcasting them (TF1, TMC, TFX, TF1 Séries Films and LCI) until an agreement was reached between the parties. Orange, for its part, had, a month earlier, “only” blocked access to MyTF1 (without touching the live channels), and cancelled its advertising campaigns with TF1. A week after Canal+ pulled the plug, Culture Minister Françoise Nyssen responded by pointing out...

Mediators Dominique d’Hinnin and François Hurard, who were appointed by the government to promote an agreement on media chronology, have submitted a “compromise scenario” to the professionals in the cinema and audiovisual sector with a view to “shortening all the sequences for exhibiting” cinematographic works and, “consequently, the theoretical periods of exclusivity” of the various channels for broadcasting. In view of the stalemate in the professional negotiations and the urgent need to adapt regulations that most of the parties concerned find rigid, anachronistic and inappropriate, Minister...

In a decision delivered on 14 February, the Conseil d’Etat made a number of points that needed to be made in respect of public-sector television channels. In the case at issue, the TV channel France 2 had broadcast as part of its ‘Envoyé Spécial’ programme a news report that questioned the quality of bathing water in the municipality of Cassis, near Marseille. Subsequently, the municipality sent a letter to the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) calling for it to issue a “reminder of their obligations” to the heads of France Télévisions “regarding...

On 26 January 2018, the Conseil d’Etat delivered a decision that adds another stone to the edifice of jurisprudence on the issue of certificates for films likely to be harmful to young people or undermine respect for human dignity. In the case at issue, two associations had called on the courts to annul the Minister for Culture’s decision granting a certificate to the film “Bang Gang (A Modern Love Story)” that prevented its showing to anyone under 12 years of age without warning, on the grounds that she had exceeded her powers. The film, screened in cinemas since January, depicts a 16-year-old...