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IRIS 2017-4:1/19 [FR] Public consultation on observance of obligations to broadcast European works and works made originally in the French language

On 10 March 2017, the Ministry of Culture and Communication launched a public consultation to gather observations from the stakeholders concerned on the amendment of the definition of peak times for television service editors’ observance of obligations to broadcast European works and works made originally in French. Under Articles 27 and 33 of the Act of 30 September 1986, these obligations amount to at least 60% for European works and 40% for works made originally in the French language. Adopted in application of these provisions, Article 7 of the Decree of 17 January 1990 defines the ‘peak times’...

IRIS 2017-4:1/18 [FR] Television sponsorship scheme made more flexible

A Decree adopted on 15 February 2017 has altered the scheme for television sponsorship that results from the Decree of 27 March 1992. This Decree was adopted to permit application of Articles 27 and 33 of the Act of 30 September 1986 and to lay down the general principles defining the obligations incumbent on service editors with regard to publicity, sponsorship, and tele-shopping. The new text henceforth authorises the sponsor to include the presentation of ‘its products and services’ among the means used to identify it (whereas previously only ‘its activities’ were covered) and, more generally,...

IRIS 2017-4:1/17 [FR] CSA opinion on draft legislation organising ethical committees in the public audiovisual sector

On 22 February the Conseil Supérieur de l’Audiovisuel (French national audiovisual regulatory authority - CSA) delivered an explanatory opinion in response to notification from the Ministry of Culture of draft legislation amending the terms of reference of the national companies in the public audiovisual sector (France Télévisions, Radio France, and France Média Monde, the company responsible for France’s audiovisual presence outside France) with a view to defining the operating methods of the ethical committees instituted by the Act of 14 November 2016. The CSA qualified the new legislation as...

IRIS 2017-4:1/16 [FR] Any injured party may call on the CSA to apply its power to order compliance

On 7 February, the Conseil d’Etat delivered an interesting decision, recalling that anyone may refer a failing on the part of an operator to the national audiovisual regulatory body (Conseil Supérieur de l’Audiovisuel - CSA) with a view to the CSA ordering it to comply with its obligations. In the case at issue, a militant environmentalist notified the CSA of a number of failings he felt had been committed by the company Radio France with regard to the rules on broadcasting advertising messages laid down in Articles 32, 34 and 42 of its terms of reference which, at the time, did not authorise the...

IRIS 2017-4:1/15 [FR] CSA can require radio station operator to protect public safety

In a ruling of 10 February 2017, the Conseil d’Etat (Council of State) confirmed that the national audiovisual regulatory authority in France, the Conseil supérieur de l’audiovisuel (CSA), had acted lawfully by issuing a formal notice to a radio station that had broadcast information likely to endanger the lives of people being held hostage during a terrorist attack. On 9 January 2015, while terrorist acts were being committed simultaneously at different locations, the radio station Europe 1 had broadcast live information concerning police attempts to catch the terrorists responsible for the Charlie...