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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...

The Association de défense de l’audiovisuel public (Association for the defence of public audiovisual services - ADAP) asked the interim relief judge of the Conseil d’État to overturn the decision of the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) dated 31 January 2018 withdrawing the mandate of the Radio France President, Mathieu Gallet (see IRIS 2018-3/14). In support of its request, the ADAP argued that the contested decision constituted a serious and clearly unlawful violation of the freedom of audiovisual communication, firstly because it had no lawful...

TF1 and French television distributors remain at war after the audiovisual group launched a fierce battle with the operators in 2016 in an attempt to obtain payment for its free-to-air channels, which it had previously provided free of charge. TF1’s demands follow the creation of its new TF1 Premium service, which combines its unencrypted channels, the MYTF1 catch-up service and new add-on services (start-over, enhanced catch-up, etc.). Whereas new agreements were signed with Altice-SFR in November 2017 and Bouygues Telecom (TF1’s parent company) in January 2018, negotiations with Canalsat (Canal...

On 31 January 2018, the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA), meeting in plenary assembly, decided to withdraw the mandate of Radio France’s President, Mathieu Gallet. The decision, to take effect on 1 March, follows a court judgment delivered on 15 January giving him a one-year suspended prison sentence and fining him EUR 20,000 for favouritism during his term of office at the French national audiovisual institute (Institut National de l’Audiovisuel - INA). He has lodged an appeal. Since the 2013 reform, under Article 47-4 of the Act of 30 September...