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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,...

In a decision on 16 October, the Court of Appeal in Paris overturned the judgment of the Regional Court in Paris which had ordered Facebook France to reinstate a “non-official” page operated by fans of the popular TV series Plus Belle la Vie (“PBLV”), which had been blocked the previous year by its executive producer (see IRIS 2014-1/21). In the present case, the creator and moderator of “pblvmarseille”, a non-official Internet site devoted to the series launched the “PBLV Marseille” Facebook page in 2008. In 2012, she discovered that the producer of the series and owner of the “Plus Belle la Vie”...

In a judgment delivered on 9 October 2014, the Regional Court of Paris banned and heavily penalised the online broadcasting on the Playtv.fr site of television programmes belonging to the France Télévisions group (France TV). Since 2010, the company Playmédia has been offering a service free of charge and without subscription showing television channels, which are accessible on the Internet. In the face of the public-sector group’s refusal to allow its programmes to be carried, PlayTV claimed that it ought to have the benefit of the must-carry scheme. Article 34-2 of the Act of 30 September 1986...