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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...

IRIS 2017-5:1/17 [FR] Application for suspension of licence to show subtitled original and French dubbed version of the film ‘Sausage Party’ to under-12s

On 8 March 2017, the Conseil d’Etat (Council of State) deliberated on an application for the suspension of two film licences issued by the Minister for Culture for the animated film ‘Sausage Party’, which prohibited the film from being shown to anyone under 12 years old. The appeal was lodged by a number of associations against the judgments delivered under the urgent procedure rejecting their application. One of the licences had been issued for the original version of the film, the other for the French version. The applicant associations claimed, in support of their appeal, that the licencing...

IRIS 2017-5:1/16 [FR] Base for tax on advertising broadcast by TV channels found unconstitutional

In a decision delivered on 30 March 2017, the Constitutional Council pronounced on the constitutionality of the tax on advertising broadcast by television channels, instituted by Article 302 bis KG of the General Tax Code, in its version subsequent to the Act of 15 November 2013. The tax, payable by all television service editors established in France, is calculated according to the ex-VAT amount of the sums paid by advertisers to the editors of television services “or to the advertising networks” for broadcasting their advertising spots. In the case at issue, a prior question on constitutionality...

IRIS 2017-5:1/15 [FR] Legal remedy sought by presidential election candidate wishing to take part in TV debate

On 16 March 2017, the Conseil d’Etat delivered its decision on an application brought by a candidate in the French presidential election to be allowed to participate in a television debate to which he had not been invited. In the case at issue, the television channel TF1 had announced its intention to organise, on 20 March 2017, a television debate between five candidates. Nicolas Dupont-Aignan, a declared candidate, called on the national audiovisual regulatory body (Conseil Supérieur de l’Audiovisuel - CSA) to order the channel to enable him to participate in the debate. In the absence of a favourable...

IRIS 2017-4:1/20 [FR] Media chronology: CNC makes proposals for reform

Plans to reform media chronology are back in the news, with the proposals the Centre National du Cinéma et de l'Image Animée (French National Centre for the Cinema and Animated Image - CNC) presented to the cinematographic sector on 15 February. A lot is at stake (piracy, extra-territoriality, series not subject to chronology, etc), and there are potentially very many obstacles. Under the agreement of 6 July 2009, the time-lag for being able to circulate a film once it has been screened in a cinema is four months for videos (DVD or pay-per-view VOD), ten months for premier cinema services which...