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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...

IRIS 2014-1:1/22 [FR] Prisoner Claims Ban on Showing Images of his Escape

On 8 November 2013 the judge at the regional court in Nantes delivered a decision under the urgent procedure in a rather unusual case. A well-known criminal who had escaped from prison on 13 April 2013 using explosives, after having taken four prison warders hostage (he was recaptured the following month) had discovered that the television channel M6 was preparing for broadcast a number of images filmed by prison video surveillance cameras when he escaped, as part of a news report on prisons and the violence that is omnipresent in them. He therefore had the television channel summoned to appear...

IRIS 2014-1:1/21 [FR] Facebook Obliged to Re-Open Page Belonging to TV Series Fan

On 28 November 2013 the regional court in Paris delivered a noted judgment, ordering Facebook to re-open an “unofficial” fan page for the TV series Plus Belle la Vie (“PBLV”), blocked by the delegated producer in 2012. There have been more than two thousand episodes of this series (a record on French television), broadcast every evening on France 3 since 2004, attracting large audiences both on TV and on social networks. The creator and administrator of the “pblvmarseille” Internet site, an unofficial site devoted to the series, launched the “PBLV Marseille” page on Facebook in 2008. In 2012, she...

IRIS 2014-1:1/6 European Commission: “Distribution” Section of French Tax on Television Services Validated

On 21 November 2013, the European Commission validated the arrangements for the “distribution” section of the French tax on television services (“TST-D”), which finances almost 40% of the annual budget of the National Centre of the Cinema and the moving image (Centre National du Cinéma et de l’Image Animée - CNC). Introduced in 2007 and codified in Articles L. 115-6 et seq. of the Cinema and Moving Image Code, the tax is a contribution made by television editors and distributors, including telecom operators, in favour of audiovisual creation. Its tax base was extended in the 2012 Finance Act to...

IRIS 2013-10:1/25 [FR] Under Threat, HADOPI Defends its Achievements

On 10 October 2013, the high authority for the broadcasting of works and the protection of rights on the Internet (Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet - HADOPI) presented the report of its activities in 2012-2013. This was of particular interest as the conclusions of the Lescure mission in May 2013 on Act II of the cultural exception recommended the transfer of its responsibilities to the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) (see IRIS 2013-6/19). During the Senate’s examination of the bill on the independence...