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Two judgments, delivered by the Conseil d’État on 19 November, have confirmed recent decisions on private copying remuneration adopted by the responsible committee and which had been contested by representatives of industrialists and distributors of electronic equipment and a number of manufacturers. These were Decision 15, which laid down the remuneration for most media, and Decision 14, which reinstated the remuneration for tablets following the annulment by the Conseil d'État of the committee’s previous decision on the topic. The applicants had challenged a number of points, including not only...

In a decision delivered on 23 October 2014, the Conseil d’État judge sitting in urgent matters rejected an application from the channel LCI to suspend the decision to refuse the approval of the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) to move from pay TV broadcasting to freeview. It should be remembered that a CSA decision delivered on 29 July 2014, elaborated on the basis of Article 42-3 (4) of the Act of 30 September 1986, refused granting LCI the approval it requested to change the way in which its digital TV service was financed, with a shift from pay TV to...

In a decision delivered on 22 October 2014, the Conseil d’État dismissed all the applications brought by the company that edits the channel M6, whose claim for the allocation of a ‘bonus channel’ had been turned down. Under Article 103 of the Act of 30 September 1986, introduced by the Act of 5 March 2007, the French legislator had allowed those “historic” operators (TF1, M6, and Canal+) which requested the possibility of being allocated a bonus channel to compensate for the prejudice suffered as a result of the early stoppage of their broadcasting in analogue mode and the appearance of competitive...

In a judgment delivered on 16 October 2014, the Regional Court of Paris has defined the conditions under which journalists prosecuted for defamation following a concealed-camera report may claim that they acted in good faith, thereby escaping prosecution. Associations responsible for the management of a parish and a school and their representatives, were suing the publication director of a television channel, a number of journalists, and the manager of the production company of the ‘Les Infiltrés’ programme for defamation following the broadcast of a report (followed by a pre-recorded studio debate),...

An interesting judgment delivered on 17 October 2014 by the press chamber of the Regional Court in Paris is the outcome of a case involving proof of the good faith of a television journalist being prosecuted for defamation. In the case at issue, an Algerian man had a summons issued against the directors of the publication of a television channel and its Internet site, and the journalist who wrote a paper, which was broadcast on the main evening news on television on the expulsion of five Islamists ordered by the Minister for the Interior. The photograph of the plaintiff had been shown on the screen,...