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Launched on 25 September 2012, the “mission of concertation on digital content and cultural policy in the digital age” (“Culture Act II”) headed by Pierre Lescure drew up its first interim report on 5 December 2012. The mission is scheduled to send its final report to the Government on 15 March 2013, and in December it proceeded to hear sixty bodies, companies and individuals out of the hundred or so that are to be heard. Its work focuses on the following three topics: public access to cultural works and development of the legal offer; remuneration for creators and the financing of creation; the...

The “Commission for Monitoring the Use Made of Connected Television”, launched in February 2012 and headed by Emmanuel Gabla, a member of the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA), brings together about 80 professionals in the sector. On 5 December 2012 it reported on the first stage of its work. “It is obviously not a question of aligning regulation of the new services with regulation of audiovisual services. On the other hand, there is no thought of massively deregulating the audiovisual sector,” according to CSA Chairman Michel Boyon. He also said...

At the end of a long cycle of hearings of professionals, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) published on 9 January 2013 its position on the matter of the qualification of “scripted reality” programmes (see IRIS 2013-1/22). The question raised was whether these hybrid low-cost productions could be considered as fiction, and be included as such in the calculation of the channels’ production and broadcasting quotas, and receive aid from the national cinema centre (Centre National du Cinéma - CNC). Thus the CSA observes that the programmes broadcast in 2012...

On 3 January 2013, in plenary assembly at the end of a process of thorough consideration in conjunction with radio and television companies, journalists, and representatives of social networks, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) revised its decision to ban specific references to social networks in radio and television broadcasts. It has become a frequent occurrence for channels to refer viewers to the pages devoted to their programmes on social networks such as Facebook, or to invite them to respond with a Tweet. Until now, radio and television broadcasts...

On 17 June 2011, the Conseil d’Etat, acknowledging the CJEU’s “Padawan” judgment (see IRIS 2010-10/7), cancelled Decision 11 of the “private copy” committee responsible for determining the types of media, the rates of remuneration, and the method of paying the remuneration for making a private copy provided for in favour of rightsholders in application of Articles 311-1 et seq. of the French intellectual property code (Code de la Propriété Intellectuelle - CPI) (see IRIS 2011-7/20). The justification for the cancellation was that all the media were subject to the remuneration, without any possibility...