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IRIS 2016-10:1/12 [FR] Signature of interprofessional agreement on sustained exploitation of works

On 11 October 2016, after six months of intense negotiation, the representative organisations of professionals in the cinema and audiovisual sectors signed an agreement with the Ministry of Culture and the National Centre for Cinema and the Animated Image (Centre National du Cinéma and de l'image animée - CNC) undertaking to achieve the sustained exploitation of audiovisual and cinematographic works. The agreement is based on the desire to facilitate access to iconic works of the French cinematographic and audiovisual heritage - masterpieces that are sometimes impossible to find and incomplete...

IRIS 2016-10:1/11 [FR] CSA orders TF1 to stop cross-promoting LCI

In a decision issued on 21 September 2016, the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) ordered the company TF1 to comply with the ban on cross-promotion included in the agreement, which is concluded with the CSA on 8 October 2001 by virtue of a codicil agreed on 17 February 2016. If TF1 fails to comply forthwith, the CSA has indicated that a sanction procedure may be instigated. Under Article 3-1 of the Act of 30 September 1986, the CSA “ensures equality of treatment (...) and makes every effort to promote unrestricted competition (...).” In December...

IRIS 2016-10:1/10 [FR] Contested classification licence for ‘La Vie d'Adèle’: Conseil d’Etat decides

The Minister for Culture had appealed to the Conseil d'Etat to overturn the decision delivered by the Administrative Court of Appeal on 8 December 2015 which, in response to an application from a traditionalist Roman Catholic association, cancelled the classification licence that included a ban on the film being shown to anyone under 12 years old and required the warning “Contains numerous realistic sex scenes likely to be disturbing to young audiences”. The warning and the ban had been issued by the French Classification Board in July 2013 for the film ‘La vie d'Adèle: Chapitres 1 et 2’ (English...

IRIS 2016-10:1/9 [FR] Court of Cassation’s view of humour, politics and freedom of expression on TV

In two decisions delivered on 20 September 2016, the criminal chamber of the Court of Cassation deliberated on two cases between the leader of the Front National political party, Marine Le Pen, and France Télévisions, after the broadcasting of two humorous sequences during the programme ‘On n’est pas couché’ that she had considered to be insulting. The Court appeared not to share her appreciation of where the limits of the freedom of expression lay. In the first case, the sequence at issue showed on-screen a number of posters parodying candidates for election as president which had been published...

IRIS 2016-9:1/16 [FR] Classification of films shown in cinemas and on television: CSA study

At the end of February 2016, the Chair of the Commission for the Classification of Cinematographic Works, submitted to the Minister for Culture a report on the classification of cinematographic works with regard to minors between 16 and 18 years of age. The report follows on from a number of controversies connected with the courts’ suspensions of approval certificates for films including scenes of extreme violence or non-simulated sex. The public authorities are indeed currently reconsidering “the automatic nature of banning showing [such content] to minors, which is the result of current law as...