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The 17^th chamber of the regional court in Paris and the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) have been referred to in turn on the matter of the use and broadcasting of the image of prisoners, who invoke their entitlement to privacy and the right to be forgotten. As part of the programme entitled Enquêtes Criminelles, the television channel W9 broadcast a report on a widely-reported case in 1991 in which four soldiers were given life sentences for a number of rapes and murders carried out in a particularly barbarous fashion. One of the men sentenced,...

For the first time in a judgment on the merits, the European Court has clarified that a conviction based on copyright law for illegally reproducing or publicly communicating copyright-protected material can be regarded as an interference with the right of freedom of expression and information under Article 10 of the European Convention. Such interference must be in accordance with the three conditions enshrined in the second paragraph of Article 10 of the Convention. Due to the important wide margin of appreciation available to the national authorities in this particular case, the impact of Article...

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...