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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...

On 23 September 2016, the national audiovisual regulatory authority in France (Conseil Supérieur de l’Audiovisuel - CSA) published a study on the place of digital platforms in access to audiovisual content, their economic model, and the stakes for the sector. ‘Digital platforms’ refers to the social networks, video-share websites, app stores and search engines which offer new services that challenge the value chain and the usual legal categories of the audiovisual sector. The CSA study is based mainly on a series of hearings of stakeholders in the audiovisual, digital and advertising sectors and...

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...

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...