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On 23 November 2016, the national audiovisual regulatory authority in France (Conseil Supérieur de l’Audiovisuel - CSA), having received numerous complaints from viewers, issued a warning and formal notice to the TV channel C8, owned by the Canal Plus group, concerning two excerpts from “Touche pas à mon poste”, a programme presented on C8 every evening by Cyril Hanouna. A third excerpt is the subject of pending proceedings and could result in a sanction being imposed. The warning concerns the edition broadcast on 27 September 2016, in which Cyril Hanouna yelled at a panellist: “Who was it who...

On 20 October 2016, following a number of meetings with representatives of audiovisual media, journalists and victims, as well as the Paris public prosecutor, the national audiovisual regulatory authority in France (Conseil Supérieur de l’Audiovisuel - CSA) adopted a set of guidelines on audiovisual coverage of terrorist acts. Under the Act of 21 July 2016 extending the application of the State of Emergency Act of 3 April 1955, the CSA had been asked to draw up a code of conduct for audiovisual coverage of terrorist acts. This request followed complaints about inappropriate coverage of the Paris...

On 7 December, the Senate finally adopted, by 213 votes to 0, the bill tabled by a Green Party MP banning commercial advertising in children’s programmes on public television. Article 1 of the bill supplements Article 14 of the Act of 30 September 1986 and states that advertising in these programmes will be regulated under a Council of State decree. It also gives the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) a monitoring and advisory role. Each year, the CSA will have to submit to parliament “a report evaluating the actions taken by audiovisual communication...

The Act of 14 November 2016 “strengthening media freedom, independence and pluralism” has been published in the Official Gazette. Under the new Act, all journalists now have the right of refusal, which was previously only held by journalists working for public service broadcasters. To this end, a new Article 2bis has been added to the Act of 29 July 1881. Journalists will be entitled to “refuse to yield to any form of pressure, refuse to divulge their sources and refuse to endorse an article, programme, part of a programme or contribution whose form or content has been modified without their knowledge...

On 16 November 2016, the Court of Justice of the European Union (CJEU) delivered a judgment concerning compliance of French legislation with the Copyright Directive (Directive 2001/29/EC), namely the right of reproduction under Article 2 and the communication to the public under Article 3(1) in the case of “out-of-print books”. The CJEU examined whether the consent to authorise acts regulated in Article 2 and 3(1) of the Copyright Directive can be expressed not only by author but also by approved Collective Management Organisations (CMOs) with regard to commercial exploitation of books that are...