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On 7 September 2017, the National Audiovisual Regulatory Authority (Conseil supérieur de l’audiovisuel - “the CSA”) published its position on the reform of the Audiovisual Media Services Directive (“the AVMSD”). Following the adoption of a proposal to amend the Directive on 25 May 2016, the European Parliament and the EU Council issued a report and its general approach in April and May 2017, respectively, opening the way for a series of informal “trilogues” that should result in a revised directive being adopted in the coming months. The CSA called for ambitious compromises and a rapid conclusion...

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...

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...

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...

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...