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IRIS 2014-2:1/20 [FR] The CSA Proposes Clearer, Simpler Regulation of On-Demand AVMS

On 23 December 2013, the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory authority - CSA) delivered a report on application of Decree No. 2010-1379 of 12 November 2010 on on-demand audiovisual media services (on-demand AVMS) to the Prime Minister and to the Ministry of Culture. The CSA took the opportunity to draw up a report on the text and give details of its application, and then made a number of proposals aimed at clarifying and simplifying the regulation of on-demand AVMS and at creating a favourable environment for these services. Totally in line with the conclusions of the Lescure...

IRIS 2014-2:1/19 [FR] New Methods and Constitutional Details for CSA Sanctions Procedure

The Decree of 19 December 2013 on the sanctions procedure implemented by the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory authority - CSA) in application of Article 42-7 of the Act of 30 September 1986, has been officially published. This text follows on from the adoption of the Act of 15 November 2013 on the independence of the public-sector audiovisual scene, and reducing the sanctioning powers of the CSA by separating the stages of prosecution and investigation of cases (see IRIS 2013-10/23). Under the new legislation, the CSA remains competent to pronounce sanctions, but it will...

IRIS 2014-2:1/18 [FR] Conseil d’Etat Cancels Approval of Canal Plus’ Purchase of Direct 8 and Direct Star

In two decisions issued on 23 December, the Conseil d’Etat has cancelled the authorisations issued by the Autorité de la concurrence (Competition Authority) and the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory authority - CSA) for Canal Plus’s purchase of the channels Direct 8 and Direct Star. The background to the story is that on 23 July 2012, after thorough investigation, the Competition Authority authorised the operation, on condition that the parties abided by their undertakings aimed at reducing the potential for the purchase giving rise to competition issues (see IRIS 2012-8/26)....

IRIS 2014-1:1/24 [FR] Audiovisual Handling of War Situations - CSA Adopts New Recommendation

On 20 November 2013, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) adopted a recommendation on the handing of war situations by audiovisual communication services. Last February, the CSA launched a consultation on the subject with the main audiovisual groups and journalists, after France Télévisions had broadcast particularly distressing images of the war in Mali. The new recommendation repeals the two previous recommendations, one on the conflict in the Middle East (2003) (see IRIS 2003-4/15), and one directed at all television and radio services on international...

IRIS 2014-1:1/23 [FR] Streaming Sites to Be Blocked and Dereferenced

On 28 November 2013, the regional court in Paris ordered the five main Internet access providers (IAPs) in France to block access to sixteen streaming sites “in the Allostreaming galaxy” and four search engines to dereference them. The decision is the result of a wide-ranging legal offensive launched in 2011 by the main syndicates and associations of rightsholders in the audiovisual, cinema and video fields, acting on the basis of Article L. 336-2 of the Intellectual Property Code, instituted by the “HADOPI” Act of 12 June 2009, according to which “in the presence of an infringement of copyright...