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IRIS 2015-6:1/16 [FR] New Decree defines rules for scheme for television editors’ contribution to independent production

The Decree implementing the reform of the scheme for contribution to independent audiovisual production, following on from the Act of 15 November 2013 on the independence of the public-sector audiovisual scene, was published on 29 April 2015. The aim of the reform was to allow editors of television services to hold producer shares in those audiovisual works for which they have provided a considerable proportion of the financing. The Decree defines this “considerable proportion” as 70% of the production estimate for an audiovisual work, and lays down the conditions for television service editors...

IRIS 2015-6:1/15 [FR] Playmédia carrying France Télévisions channels - further intervention by the CSA

There has been a further development in the dispute between Playmédia, the editor of the Play TV site, and France Télévisions. The Conseil Supérieur de l'Audiovisuel (audiovisual regulatory authority - CSA) was alerted by Play TV, which broadcasts nearly seventy television channels live and by streaming, of the repeated refusal by the public-sector audiovisual group to contract with it to carry the channels France 2, France 3, France 4, France 5 and France Ô. Playmédia claimed the benefit of the provisions of Article 34-2 of the Act of 30 September 1986, which introduced a must-carry obligation...

IRIS 2015-6:1/1 European Court of Human Rights: Morice v. France (Grand Chamber)

The Grand Chamber has overruled an earlier finding of non-violation of the right to freedom of expression of a lawyer (Chamber, Fifth Section, 11 July 2013). With an extensively elaborated reasoning, the Grand Chamber unanimously came to the conclusion that the applicant lawyer’s conviction for the defamation of two investigative judges violated Article 10 of the Convention. It found that the lawyer, Morice, had expressed value judgments in the newspaper Le Monde with a sufficient factual basis and that his remarks concerning a matter of public interest had not exceeded the limits of the right...

IRIS 2015-5:1/14 [FR] Broadcasting the image of a person involved in a debate of general interest is lawful

The Court of Cassation has delivered a judgment which deserves reporting, since it concerns the scope of the transfer to the producer of a documentary of the right to use a person’s image by someone who has been interviewed. In the present case, the director of a review had granted a film interview to the producer of a documentary entitled “La vérité est ailleurs ou la véritable histoire des protocoles des sages de Sion” (‘the truth is elsewhere, or the true story of the Protocoles des Sages de Sion’), co-produced by and broadcast on the channel Arte. The purpose of the interview was to ascertain...

IRIS 2015-5:1/13 [FR] Presentation on television of satirical drawings showing a politician: Paris court of appeal upholds the right to caricature

On 2 April 2015, the Paris Court of Appeal overturned a judgment delivered last year which found that the director of the France Televisions publication and the presenter of the programme ‘On n’est pas couché’ had insulted the leader of the Front National party by presenting a number of satirical drawings of her on television (see IRIS 2014-6/19). The image at issue represented the “family tree of Marine le Pen”, and included a photograph of her at the centre of a tree, the four main branches of which formed a swastika. The image was presented to coincide with the publication of a book on the genealogy...