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IRIS 2017-6:1/17 [FR] Better framework for economic regulation of ‘unlimited cinema cards’

An Order adopted on 4 May 2017 has simplified a number of the provisions contained in the Code for Cinema and Animated Image (CCIA), which had not been amended since 2009, and introduced a number of broader reforms. The Freedom of Creation Act of 7 July 2016 authorised the French Government to adopt measures amending the Code without requiring legislation approved by Parliament. The first aim of the text is to simplify the scheme that provides a framework for the activity of cinema theatre operators. A cinema theatre that makes changes will only need to apply for new approval if the changes are...

IRIS 2017-6:1/16 [FR] Presidential election: CSA issues three warnings and one order to comply for failure to observe equal speaking time for presidential candidates

On 26 April, the plenary assembly of the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) drew up its report on both speaking time and air time during the first period of equality (from 10 to 21 April) in the presidential campaign, and on observance of the ‘period of reserve’. The CSA had noted substantial inequalities during the first week of the period of equality, but noted that radio and television broadcasters had undertaken to correct the imbalance by the end of the first round of the election campaign on the evening of Friday 21 April. On completing its...

IRIS 2017-6:1/15 [FR] Docu-fiction on a court case: no invasion of privacy, abuse of a person’s image, or infringement of the main character’s right to be forgotten

On 27 March 2017, the Court of Appeal in Paris delivered an interesting judgment involving the right to control over the use made of a person’s image and the right to privacy of a woman involved in a criminal case that was the subject of a ‘docu-fiction’. The television programme at issue was based on a case in which, in 2009, a woman was found guilty of complicity in the murder of her husband and sentenced to 20 years in prison. The programme was constructed using interviews of the people involved in the court case and journalists, and was illustrated with photographs and videos. The woman in...

IRIS 2017-5:1/19 [FR] Publication of Decree laying down rules applicable to the new ethical committee at each national public-sector audiovisual company

The Decree of 21 March 2016 amending the terms of reference of the national public-sector audiovisual companies lays down the common rules applicable to the new ethical committees established at each of the national programming companies (France Télévisions, Radio France, and the company responsible for the audiovisual sector outside France). The ‘Media Independence’ Act of 14 November 2016 added to the Act of 30 September 1986 an Article 30-8, which provides for the founding of a committee on honesty, independence and diversity in news and programmes, whose members are independent, including each...

IRIS 2017-5:1/18 [FR] Change in scheme for television channels contributing to audiovisual production

The Decree amending the scheme requiring editors of television services broadcast terrestrially to contribute to the production of audiovisual works has now been published. It amends Decree No. 2010-747 of 2 July 2010, in order to account for a number of agreements reached recently between service editors and the organisations representing the audiovisual producers. For the main part, the new Decree introduces the possibility for the national audiovisual regulatory body (Conseil Supérieur de l’Audiovisuel - CSA) to reduce the independent part of the contribution required of an editor of television...