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On 23 April 2015 the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) appointed Delphine Ernotte Cunci, former Director-General of Orange, as President of France Télévisions. To achieve greater transparency, the Act of 15 November 2013 amended Article 47-4 of the Act of 30 September 1986, giving the CSA the power to appoint the presidents of the public-sector audiovisual companies (France Télévisions, Radio France, and the company responsible for audiovisual broadcasting outside France); this power had previously been exercised by the French President. The CSA was keen...

In a decision made public on 17 December 2015, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) has decided to allow the TF1 group’s continuous news channel LCI to broadcast on free DTT, overturning its decisions made in 2011 and again in 2014 (see IRIS 2014-8/22). Its most recent refusal had been cancelled by the Conseil d’État on the grounds of formal defect, since the CSA had not published its impact study in good time (see IRIS 2015-7/15). At the end of a further cycle of analysis in accordance with the procedure recalled by the Conseil d’État, the CSA considered...

The audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) has published its response to the European Commission’s consultation on the Audiovisual Media Services Directive (AMSD) - ‘A media framework for the 21st century’. This contribution to the current consideration of the evolution of Europe’s audiovisual framework highlights the need to extend the perimeter of the Directive to include digital intermediaries to which a set of suitable rules would be applied. The CSA uses a number of examples to exemplify the difficulty in qualifying certain on-demand services not included...

On 17 December the Court of Cassation delivered an interesting decision on the operating rights of the rightsholders of a deceased film director. In the case at issue, the director of the film ‘Le Sang à la Tête’ had, under a contract signed in 1989, ceded his cinematographic representation rights for TV broadcasting and video publication to a publishing house. The director has since died, and his rightsholders have refused to renew the contract on expiry. The company had them summoned to appear in court to answer charges of abusive refusal on the basis of Article L. 122-9 of the Intellectual Property...

On 20 November 2015 the Court of Appeal in Paris found against the heads of the TV channels M6 and Paris Première for broadcasting a programme during which three guests smoked. The programme ‘Rive Droite’ brings together, as for a dinner party, a number of well-known figures on the political and cultural scenes for an informal discussion on matters of politics, culture and society. Three of the guests (one musician, one journalist, and one female television presenter) on the programme broadcast on 9 November 2011 and available to view on the channel’s replay website for a further eight days thereafter...