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The dispute between Playmédia and France Télévisions will perhaps enable the Court of Justice of the European Union (CJEU) to clarify implementation of the ‘must-carry’ requirement. France Télévisions had called on the Conseil d’Etat (Council of State) to cancel the order issued by the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) to comply with the provisions of Article 34(2) of the Act of 30 September 1986 and to refrain from opposing its programmes being streamed and carried live by the company Playmédia on its website. France Télévisions claimed that the...

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...

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...

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...

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...