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IRIS 2017-9:1/12 [FR] “YouTube tax” comes into force

As confirmed by decree no. 2017-1364 of 20 September 2017, the tax on the advertising revenue of Internet sites making videos available online either for free or in return for payment (the “YouTube tax”) is about to enter into force. The proceeds of this 2% “video tax” are to be made over to the National Centre for Cinema and the Animated Image (Centre National du Cinéma et de l’Image Animée - “the CNC”) for the financing of support for the creation of new works. The tax dates back to 1993 in respect of actual videograms (VHS/DVD); in 2004 it was extended to French sites charging for video-on-demand...

IRIS 2017-8:1/21 [FR] Two general multi-industry agreements signed on transparency in the cinema and audiovisual sectors

On 6 July 2017, the Minister for Culture, Françoise Nyssen, gathered together organisations representing the cinema sector to sign two agreements relating to the industry. As soon as they were signed, the agreements were extended by decree to cover the entire sector. Article 21 of the Act of 7 July 2016 on the freedom of creation defines the framework for the transparency of the operating and production accounts for full-length cinematographic works. In this respect, the new Article L. 213-29 of the Cinema Code provides that (i) the form of the operating account and (ii) the definition of gross...

IRIS 2017-8:1/20 [FR] CSA fines CB three million euros for broadcasting homophobic hoax

The final decision has been made. On 26 July 2017, the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - “CSA”) imposed a fine of three million euros on the television channel C8 in respect of the programme “Touche pas à mon poste”. The fine relates to a sequence broadcast on 18 May during which Cyril Hanouna, the presenter of the programme “Touche pas à mon poste”, tricked a number of homosexuals live on air after posting a fake advertisement on a dating website. These people had not been informed of the identity of the person contacting them and some of them, believing...

IRIS 2017-8:1/19 [FR] Competition Authority relaxes some measures imposed on Groupe Canal Plus after its acquisition of TPS

On 24 June 2017 the Competition Authority made changes to the set of measures imposed on Vivendi and Groupe Canal Plus (GCP) in 2012 at the time of their acquisition of TPS. Five years after the original decision, the Authority was scheduled to rule on the advisability of maintaining or lifting the injunctions in the light of the evolution of competition in the markets concerned. The injunctions were originally intended to serve three purposes: to promote the diversity of stakeholders in the pay television sector, allowing the emergence of an affordable alternative offer to that of GCP; to prevent...

IRIS 2017-8:1/18 [FR] Considerations on rules for advertising on television

On 19 July 2017, when it examined the possibility of extending the authorisation to broadcast granted to the television channel TF1, the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - “CSA”) announced that it was allowing the group’s request that the general rules governing advertising spots laid down by decree in 1992 should apply: the relevant Decree authorises commercial breaks during television news programmes that last more than thirty minutes. This would make it possible to introduce advertising, but observing the present limit of twelve minutes of advertising...