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In a decision delivered on 30 March 2017, the Constitutional Council pronounced on the constitutionality of the tax on advertising broadcast by television channels, instituted by Article 302 bis KG of the General Tax Code, in its version subsequent to the Act of 15 November 2013. The tax, payable by all television service editors established in France, is calculated according to the ex-VAT amount of the sums paid by advertisers to the editors of television services “or to the advertising networks” for broadcasting their advertising spots. In the case at issue, a prior question on constitutionality...

On 16 March 2017, the Conseil d’Etat delivered its decision on an application brought by a candidate in the French presidential election to be allowed to participate in a television debate to which he had not been invited. In the case at issue, the television channel TF1 had announced its intention to organise, on 20 March 2017, a television debate between five candidates. Nicolas Dupont-Aignan, a declared candidate, called on the national audiovisual regulatory body (Conseil Supérieur de l’Audiovisuel - CSA) to order the channel to enable him to participate in the debate. In the absence of a favourable...

Plans to reform media chronology are back in the news, with the proposals the Centre National du Cinéma et de l'Image Animée (French National Centre for the Cinema and Animated Image - CNC) presented to the cinematographic sector on 15 February. A lot is at stake (piracy, extra-territoriality, series not subject to chronology, etc), and there are potentially very many obstacles. Under the agreement of 6 July 2009, the time-lag for being able to circulate a film once it has been screened in a cinema is four months for videos (DVD or pay-per-view VOD), ten months for premier cinema services which...

On 10 March 2017, the Ministry of Culture and Communication launched a public consultation to gather observations from the stakeholders concerned on the amendment of the definition of peak times for television service editors’ observance of obligations to broadcast European works and works made originally in French. Under Articles 27 and 33 of the Act of 30 September 1986, these obligations amount to at least 60% for European works and 40% for works made originally in the French language. Adopted in application of these provisions, Article 7 of the Decree of 17 January 1990 defines the ‘peak times’...

A Decree adopted on 15 February 2017 has altered the scheme for television sponsorship that results from the Decree of 27 March 1992. This Decree was adopted to permit application of Articles 27 and 33 of the Act of 30 September 1986 and to lay down the general principles defining the obligations incumbent on service editors with regard to publicity, sponsorship, and tele-shopping. The new text henceforth authorises the sponsor to include the presentation of ‘its products and services’ among the means used to identify it (whereas previously only ‘its activities’ were covered) and, more generally,...