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On 4 June 2018, Minister for Culture Françoise Nyssen presented her plan for the reform of the public audiovisual sector. Stressing the need to involve all the professionals in the sector and the creation branch, she appointed a consultative task group which made its conclusions public on 18 July 2018. The first work area identified by the task group concerned an increase in the offer of local programmes, which should involve tripling the number of regional programmes on France 3, covering all programme genres: news, documentaries and magazine programmes, service broadcasts, sport, etc. The second...

On 13 June 2018, following inter-institutional negotiations, the European Parliament, European Council, and European Commission published a Provisional Agreement on a proposal amending the Audiovisual Media Services Directive (2010/13/EU) (AVMSD), which was first put forward by the Commission in May 2016 (see IRIS 2016-6/3). The proposed version of the new Directive, running to 38 pages, makes substantial amendments to over 17 of the articles of the AVMSD and includes some new articles. A number of notable amendments should be mentioned. Firstly, the amended Article 13(1) now provides that member...

On 4 July 2018, the Committee of Ministers of the Council of Europe adopted a new Recommendation on Guidelines to respect, protect and fulfil the rights of the child in the digital environment. The Recommendation opens with a Preamble recognising that the digital environment is complex and subject to rapid evolution, and is reshaping children’s lives in many ways, resulting in opportunities for and risks to their well-being and enjoyment of human rights Furthermore, the Committee of Ministers is conscious that information and communication technologies are an important tool in children’s lives...

On 13 March 2018, the District Court of Gelderland upheld a fine imposed on a website by the Dutch Media Authority (Commissariaat voor de Media) (CvdM) for failing to take (technical) measures that would prevent minors below the age of 16 from viewing violent erotic content. The fine was reduced by the court for the reason that the reasonable term for adjudication had been exceeded, thereby violating the fundamental right to a fair trial. The claimant makes and operates websites which provide erotic content, including videos, pictures and written stories. The claimant also concluded agreements...

On 18 February 2018 an association applied to the administrative court of appeal in Paris under the urgent procedure, calling for the suspension of the Minister for Culture’s decision to issue a cinematographic exploitation visa for the film Fifty Shades Freed that authorised its showing to all audiences. The applicant claimed firstly that the condition of urgency required by Article L. 521-1 of France’s Administrative Justice Code had been met, since it was likely that the film shown in cinema theatres would be seen by minors. The Minister for Culture claimed that the application had been lodged...