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IRIS 2024-1:1/3 [FR] CNews application to European Court of Human Rights against CSA formal notice ruled inadmissible

On 27 November 2019, the Conseil Supérieur de l'Audiovisuel (the French audiovisual regulatory body – CSA) issued a formal warning to the company that operates the CNews television channel following comments made by Eric Zemmour, a journalist and political commentator at the time, during the programme ‘Face à l'info’ in which he had been debating with a member of the French Senate on issues linked to immigration, the integration of persons of foreign origin, France’s peri-urban neighbourhoods and Muslims’ place in France. Citing Articles 6(1)...

IRIS 2024-1:1/4 [FR] Contentious comments in a news and entertainment programme: honest presentation of controversial issues and respect for the presumption of innocence

The company C8 asked the Conseil d'Etat (Council of State) to annul decision no. 2022-704 of 16 November 2022 in which the Autorité de régulation de la communication audiovisuelle et numérique (French audiovisual regulator, ARCOM) issued a formal notice requiring it to comply with the provisions of Article 2-3-8 of its licence agreement of 29 May 2019 and Articles 1 and 3 of decision no. 2018-11 issued by ARCOM’s predecessor, the Conseil supérieur de l'audiovisuel (CSA), on 18 April 2018 concerning the honesty and independence of information and news programmes,...

IRIS 2024-1:1/5 [FR] Competition authority conditionally approves Canal Plus Group’s acquisition of OCS and Orange Studio

On 11 July 2023, the Canal Plus Group, which produces pay and free-to-air channels, distributes pay-per-view and subscription video-on-demand, aggregates and distributes pay TV and subscription video-on-demand services, and produces, acquires and distributes films and TV series, notified the Autorité de la concurrence (French competition authority) of its plan to acquire exclusive control of the companies OCS and Orange Studio. Prior to the proposed transaction, OCS was jointly controlled by Orange SA and the Canal Plus Group, operating pay TV channels and a subscription video-on-demand...

IRIS 2023-10:1/10 [FR] Regulatory amendments concerning programming commitments and cinema passes

Under a recently adopted decree, the Code du cinéma et de l'image animée (Cinema and Animated Image Code – for more information about the process, see IRIS 2022-10:1/1) was amended to take into account certain recommendations contained in the report entitled “Cinéma et régulation - Le cinéma à la recherche de nouveaux équilibres : relancer des outils, repenser la régulation” (Cinema and regulation – Cinema in search of new balances : relaunching tools, rethinking regulation) that was submitted to the Ministers...

IRIS 2023-10:1/11 [FR] Request to block pornographic website: Internet access providers can be taken to court before acting against hosting providers, publishers or authors

Two child protection organisations filed a summons against several Internet access providers, asking the court to order them to take every appropriate step to block access to various pornographic websites on French soil. The appeal court considered the requests inadmissible on the grounds that, before Internet access providers were asked to block access, it had to be proven that effective, rapid legal action could not be taken against the host, publisher or author, and that the organisations concerned had failed to do this. In addition, since all the websites concerned were published by a company...