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IRIS 2016-4:1/11 [FR] Court suspends classification licence banning the showing of ‘Salafistes’ to under-18s

On 27 January - the day on which the film ‘Salafistes’ was released in cinemas - Minister for Culture Fleur Pellerin, adopting the Film Classification Board’s opinion, banned the showing of the documentary film to anyone less than 18 years of age. The film provides a sounding board for a number of theoreticians of Islamic terrorism, and shows the everyday application of sharia law in Mauritania, Mali and Iraq. It also includes video footage of propaganda by the jihadist group Islamic State (IS) and by al-Qaeda, as well as amateur footage filmed during the attacks of 11 September 2001 and the attack...

IRIS 2016-4:1/4 European Court of Human Rights: de Carolis and France Télévisions v. France

The European Court of Human Rights (ECtHR) has confirmed the robust Article 10 protection for investigative journalism expressed in a television documentary, holding that a conviction for defamation of a Saudi Arabian prince violated the right to freedom of expression as guaranteed by Article 10 of the European Convention of Human Rights (ECHR). In 2006, Prince Turki Al Faisal brought defamation proceedings against France Télévisions, Patrick de Carolis as its director, and a journalist, after the broadcasting on the TV channel France 3 of a documentary entitled “11 September 2001: the prosecution...

IRIS 2016-3:1/16 [FR] Audiovisual production: conclusions of CSA concertation

In November 2015 the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) embarked on a series of hearings and concertation with the professionals in the audiovisual production sector (including editors of television services, representatives of writers, directors and producers). The process pointed to the economic difficulties facing broadcasters, who are the main financers of audiovisual production, and the concerns of independent producers regarding the future of creation. On completing these hearings, the CSA drew up a list of possible areas for change in the regulations,...

IRIS 2016-3:1/15 [FR] Report on application of legislation on the independence of the public audiovisual media

On 21 January 2016, French MP Marcel Rogemont submitted his report on application of the Act of 15 November 2013 on the independence of the public audiovisual media. In it he made 21 proposals. It should be borne in mind that the most recent legislation reforming the audiovisual sector substantially reinforced the powers of the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA). Firstly, regarding the public audiovisual sector by giving it the power to appoint the Presidents of the companies France Télévisions, Radio France and France Média Monde, previously in the hands...

IRIS 2016-3:1/14 [FR] Audiovisual communication companies have exclusive right to authorise making their programmes available on demand, including via deep links

On 2 February 2016 the Court of Appeal in Paris delivered an interesting decision in the case between Play Media, editor of the Play TV site, and France Télévisions. The site had been offering a free and subscription-free service broadcasting television channels live since 2010, for which the regional court in Paris (Tribunal de Grande Instance - TGI) had ordered it to pay France Télévisions more than a million euros (IRIS 2014-10/13). In refusing Play Media the right to claim it was acting on the must-carry principle instituted by the Audiovisual Act of 30 September 1986, in which the TGI found...