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In two consecutive decisions delivered on 28 January 2014 and 5 February 2014, the administrative court of Paris, deliberating under the urgent procedure, suspended the exploitation licence issued by the Minister for Culture to Volumes 1 and 2 of Lars von Triers’ film Nymphomaniac, which paints a psychological portrait of a young woman addicted to sex. Volume 1 was released in France on 1 January and Volume 2 on 29 January 2014. Under Articles 3 and 3-1 of the Decree of 23 February 1990, the exploitation licence issued by the Minister for Culture may be either unrestricted or combined with a ban...

In a decision of 6 February 2014, the Constitutional Council declared the tax payable by editors and distributors of television services partially unconstitutional. In 2012, the tax yielded EUR 295.49 million, which was allocated to the national centre for the cinema and moving images (Centre National du Cinéma et de l’Image Animée - CNC). On 6 November 2013 the Conseil d’Etat referred to the Constitutional Council a priority question on constitutionality (question prioritaire de constitutionnalité - QPC) raised by the company TF1 in respect of a dispute between the company and the tax authorities....

On 8 January, at the Conference on Diversity in Cinema (Assises pour la Diversité du Cinéma) organised by the National Centre of Cinematography and the Moving Image (Centre National du Cinéma and de l’Image Animée - CNC), cinema professional René Bonnell presented a 190-page report on financing cinematographic production and distribution in the digital age. After drawing up a thorough statement of the economy of the sector and the situation of relations between its various stakeholders, the report goes on to present the prospects for the various markets, for the cinematographic industry (cinemas,...

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...

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...