Reference texts
- Decree of 18 May 2007 on the composition of the Government (O.J., May 19, 2007)
- Order of 18 May 2007 on the composition of the Prime Minister’s Office
- Decree No. 2007-957 of 15 May 2007 on the digital accompaniment fund
- Decree No. 2007-958 of 15 May 2007 on financial relations between the State and public sector audiovisual communication bodies
- Decree No. 2007-605 of 26 April 2007 submitting the public interest group France Télé numérique to the economic and financial control of the State (O.J., April 27, 2007)
- Order of 26 April 2007 approving the agreement constituting the public interest grouping France Télé numérique (O.J., April 27, 2007) Law no. 2007-309 of 5 March 2007 on the modernisation of audiovisual broadcasting and future television (Official journal no. 56 of 7 March 2007)
- Decree of 17 January 2007 appointing Director of Media Development - Ms. Laurence Franceschini (O.J. No. 16 of 19 January 2007)
- Decree of 17 January 2007 appointment to ARCEP - Mr. Patrick Raude (O.J. No. 16 of 19 January 2007)
- Order of 5 May 2006 establishing the schedule of operating grants for the local radio expression support fund for 2006 J.O No. 109 of 11 May 2006.
- Law no. 2005-1719 of 30 December 2005 finance for 2006 (O.J. No. 304 of 31 December 2005)
- Law no. 2005-1720 of 30 December 2005 Amended financial statement for 2005 (O.J. No. 304 of 31 December 2005)
- Decree no. 2005-1355 of 31 October 2005 on the declaratory regime for distributors of audiovisual communication services and on the provision to the public of services of local public initiative (O.J. No. 256 of 3 November 2005)
- Decree no. 2005-1177 of 16 September 2005 amending Decree no. 2004-595 of 22 June 2004 creating a decentralized printing aid for daily newspapers (Official journal no. 218 of 18 September 2008).
- Order of 14 June 2005 Order of 14 June 2005 establishing the composition of the Selection Committee for the Development Assistance Fund for the Online Services of Press Enterprises (Official Journal No 166 of 19 July 2005)
- Decree no. 2005-780 of 12 July 2005 establishing a steering committee for the creation of a European digital library J.O No. 162 of 13 July 2005
- Order of 2 June 2005 setting the composition of the commission for the expansion of the French press abroad (O.J. no. 136 of 12 June 2005)
- Order of 26 May 2005 amending the order of 27 December 2001 on the characteristics of reception equipment for services broadcast over digital terrestrial radio,text no. 105 (O.J. No. 122 of 27 May 2005)
- Order of 26 May 2005 amending the order of 24 December 2001 on terrestrial digital terrestrial television establishing the characteristics of the signals emitted, text no. 104 (O.J. No. 122 of 27 May 2005)
- Order of 26 May 2005 amending the order of 21 November 2001 Technical Specifications for Digital Television Signal Receivers, Text 103 (O.J. No. 122 of 27 May 2005)
- Decree no. 2005-315 of 1 April 2005 taken for the application of Articles 220 sexies and 220 F of the General Tax Code and relating to the approval of audiovisual works eligible for the tax credit for expenditure in the production of audiovisual works (O.J. No. 78 of 3 April 2005)
- Decree no. 2005-286 of 29 March 2005 approving the specifications of the company France 4 (O.J. No. 74 of 30 March 2005)
- CSA Decision No. 2005-116 of 30 March 2005 allocating to the national programme company France 4 a radio-electric resource for the digital terrestrial transmission of the national television service called «France 4» (O.J. No. 75 of 31 March 2005).
- CSA Decision No. 2005-117 of 30 March 2005 amending Decision No. 2005-30 of 18 January 2005 authorizing the Société de Gestion du Réseau R 1 (GR 1) to use a radio resource for multiplexing the programs of the publishers of terrestrial terrestrial television services in digital mode of the R 1 network (O.J. No. 75 of 31 March 2005 )
- CSA Decision No. 2005-118 of 30 March 2005 supplementing Decision No. 2005-30 of 18 January 2005 authorizing the Société de Gestion du Réseau R 1 (GR 1) to use a radio resource for the multiplexing of the programmes of the publishers of terrestrial television services in digital mode of the R 1 network (O.J. No. 75 of 31 MARCH 2005)
- CSA Decision No. 2005-119 of 30 March 2005 supplementing Decision No. 2003-545 of 21 October 2003 authorizing the company Nouvelles Télévisions numériques to use a radio resource for the multiplexing of the programmes of the publishers of terrestrial terrestrial television services in digital mode of the R 2 network (O.J. No. 75 of 31 March 2005)
- CSA Decision No. 2005-120 of 30 March 2005 supplementing Decision No. 2003-546 of 21 October 2003 authorizing the company Compagnie du numérique hertzien SA to use a radio resource for the multiplexing of the programmes of the publishers of terrestrial television services on the digital mode of the R 3 network (O.J. No. 75 of 31 March 2005)
- CSA Decision No. 2005-121 of 30 March 2005 supplementing Decision No. 2003-547 of 21 October 2003 authorizing the Company operating the R 4 multiplex (MULTI 4) to use a radio resource for the multiplexing of the programs of the publishers of terrestrial television services in digital mode of the R 4 network (O.J. No. 45 of 31 March 2005)
- CSA Decision No. 2005-122 of 30 March 2005 supplementing Decision No. 2003-548 of 21 October 2003 authorizing SMR6 SA to use a radio resource for the multiplexing of the programmes of the publishers of terrestrial terrestrial television services in digital mode of the R 6 network (OJ No 75 of 31 March 2005)
- Decree no. 2005-217 of 8 March 2005 setting up a committee to examine problems of concentration in the media (Official Journal No 57 of 9 March 2005).
- Decree of 3 March 2005 appointing the Director of Media Development.
- Decree no. 2005-197 of 25 February 2005 approving the capital increase of the national programme company Réseau France outre-mer and the consequential amendment to its statutes (Official Journal No 49 of 27 February 2005)
- Notice concerning the standard record of application for a grant to the Support Fund for Radio Expression(Official Journal No 37 of 13 February 2005)
- LAW 2004-1485 of 30 December 2004 Amended financial statement for 2004 (Official Journal No 304 of 31 December 2004)
- Law no. 2004-1484 of 30 December 2004 finance for 2005 (Official Journal No 304 of 31 December 2004)
- Decree no. 2004-1481 of 23 December 2004 amending Decree No. 90-66 of 17 January 1990 made for the purposes of sections 27, 33 and 70 of Act No. 86-1067 of 30 September 1986 and laying down the general principles concerning the distribution of cinematographic and audiovisual works by publishers of television services (Official Journal No 303 of 30 December 2004)
- Decree no. 2004-1482 of 23 December 2004 amending Decree No. 2001-1332 of 28 December 2001 made for the application of Articles 27, 28 and 71 of Law No. 86-1067 of 30 September 1986 and relating to the contribution of publishers of television services broadcast over the air on an analog basis whose financing calls for remuneration from users for the development of the production of works cinematographic and audiovisual (Official Journal No 303 of 30 December 2004)
- Decree no. 2004-1313 of 26 November 2004 creating the fund to help the development of online services of press companies (O.J. No. 278 of 30 November 2004)
- Decree no. 2004-1312 of 26 November 2004 on the regional and local weekly press fund (O.J. No. 278 of 30 November 2004)
- Decree no. 2004-1311 of 26 November 2004 on the fund for the distribution and promotion of the French press abroad (O.J. No. 278 of 30 November 2004)
- Decree no. 2004-1310 of 26 November 2004 amending Decree No. 2002-629 of 25 April 2002 establishing aid for the distribution of the national press of political and general information (O.J. No. 278 of 30 November 2004)
- Decree no. 2004-1309 of 26 November 2004 amending Decree No. 99-79 of 5 February 1999 on the Fund for the Modernization of the Daily and Assimilated Press of Political and General Information and the Distribution of the National Daily Press of Political and General Information (O.J. No. 278 of 30 November 2004)
- Order of 26 August 2004 Adopted for the application of Article 3 of Decree No. 86-616 of 12 March 1986 establishing aid to national daily political and general news with low advertising resources (O.J. No. 264 of 13 November 2004)
- Order of 7 October 2004 amending the list of bodies constituting news agencies within the meaning of Order No. 45-2646 of 2 November 1945 regulating news agencies (O.J. No. 244 of 19 October 2004)
- Decree no. 2004-1090 of 13 October 2004 approving the statutes of the national programme company Réseau France outre-mer and submitting that company to the economic and financial control of the State (O.J. No. 241 of 15 October 2004)
- Decree no. 2004-1084 of 13 October 2004 approving the amendments to the statutes of the companies France Télévisions and RFO Participations and the national programme companies France 2, France 3 and France 5 (O.J. No. 240 of 14 October 2004)
- Decree no. 2004-1009 of 24 September 2004 amending Decree No. 95-110 of 2 February 1995 on State financial support for the audiovisual programme industry (O.J. No. 225 of 26 September 2004)
- Decree no. 2004-1010 of 24 September 2004 amending Decree 98-35 of 14 January 1998 on State financial support for the audiovisual industry (O.J. No. 225 of 26 September 2004)
- Decree no. 2004-255 of 22 March 2004 establishing a strategic information technology council. (O.J. No. 70 of 23 March 2004)
- Order of 21 January 2004 amending the list of bodies constituting news agencies within the meaning of Order No. 45-2646 of 2 November 1945 regulating news agencies. (O.J. No. 66 of 18 March 2004)
- Law No. 2003-1365 of 31 December 2003 on public service telecommunications obligations and on France Telecom. (O.J. No. 1 of 1 January 2004)
- Finance Act for 2004 (Law No. 2003-1311 of 30 December 2003). See Articles 37 and 80 on audiovisual fees. (O.J. No. 302 of 31 December 2004)
Texts in force
- Code of Criminal Procedure, Article 56-2
- Order No. 45-2646 of 2 November 1945 Provisional regulation of news agencies (consolidated text)
- Law No. 47-585 of 2 April 1947 on the status of undertakings for the consolidation and distribution of newspapers and periodical publications (known as the “Bichet Law”)
- Law No. 57-32 of 10 January 1957 with Agence France Presse statute
- Law No. 86-897 of 1 August 1986 reforming the legal regime of the press
- Law No. 87-39 of 27 January 1987 various social measures (Article 11: remuneration of press sales agents)
- Decree No. 88-136 of 9 February 1988 laying down conditions for the remuneration of press sales agents
- Law No. 92-546 of 20 June 1992 on legal deposit (provisions partially repealed by theOrder No. 2004-178 of 20 February 2004 on the legislative part of the Heritage Code)
- Heritage Code (legislative part) , Book 1, Title III: Legal Deposit
- Decree No. 93-1429 of 31 December 1993 on legal deposit (consolidated text)
Repealed texts
- Order of 26 August 1944 on the organization of the French press (OJ of 30 August 1944 p. 779)
- Law No. 84-937 of 23 October 1984 to limit concentration and to ensure financial transparency and pluralism in the media (OJ 24 October 1984 p. 3323)
- Decree No. 97-38 of 17 January 1997 establishing a derogation procedure for the granting of the press tariff rebate
- Decree No. 97-1065 of 20 November 1997 on the Joint Commission on Publications and News Agencies
- Decree no. 2004-1393 of 22 December 2004 amending certain provisions of the postal code and electronic communications.
- Decree no. 2004-1394 of 22 December 2004 amending Decree No. 97-1065 of 20 November 1997 on the Joint Commission on Publications and News Agencies
Texts in force
Aids to daily political and general information with low advertising resources or classifieds
- Decree no. 86-616 of 12 March 1986 providing support for national daily political and general information with low advertising resources (consolidated text)
- Decree No. 89-528 of 28 July 1989 establishing aid to regional, departmental and local daily newspapers for political and general information with low resources of classifieds (consolidated text)
- Order of 29 August 2002 Adopted for the application of Article 3 of Decree No. 86-616 of 12 March 1986 instituting aid to national daily newspapers for political and general information with low advertising resources (OJ No. 226 of 27 September 2002 page 15936)
Aid for the distribution and promotion of the French press abroad
- Decree no. 2004-1311 of 26 November 2004 on the fund for the distribution and promotion of the French press abroad
- Decree no. 2004-1312 of 26 November 2004 on the regional and local weekly press fund
Portage assistance
- Decree No. 98-1009 of 6 November 1998 on the Press Portage Fund
The fund for the modernization of the daily and similar press of political and general information
- Law No. 97-1269 of 30 December 1997 Finance Act for 1998, Article 62 (on the website of the French National Press Federation)
- Decree No. 99-79 of 5 February 1999 on the Fund for the Modernization of the Daily and Similar Press of Political and General Information (consolidated text)
- Order of 5 February 1999 taken for the application of Article 11 of Decree No. 99-79 of 5 February 1999 on the Fund for the Modernization of the Daily and Similar Press of Political and General Information (OJ No. 32 of 7 February 1999 page 2009)
- Decree No. 99-356 of 7 May 1999 amending Decree No. 99-79 of 5 February 1999 on the Fund for the Modernization of the Daily and Similar Press of Political and General Information (Article 3)
- Order of 3 May 2002 amending the order of 5 February 1999 made for the application of Article 11 of Decree No 99-79 of 5 February 1999 on the fund for the modernization of the daily and similar press of political and general information (OJ No 106 of 7 May 2002 page 9029)
- Decree no. 2004-1309 of 26 November 2004 amending Decree No. 99-79 of 5 February 1999 on the Fund for the Modernization of the Daily and Assimilated Press of Political and General Information and the Distribution of the National Daily Press of Political and General Information
Aid for the distribution of the national daily press of political and general information
- Decree no. 2002-629 of 25 April 2002 establishing a distribution aid for the national daily press of political and general information
- Decree no. 2004-1310 of 26 November 2004 amending Decree No. 2002-629 of 25 April 2002 establishing aid for the distribution of the national press of political and general information
- Order of 30 July 2004 adopted for the application of Article 5 of Decree No. 2004-595 of 22 June 2004 creating a decentralized printing aid for daily newspapers
- Decree no. 2006 360 of 24 March 2006 amending Decree no. 97-1065 of 20 November 1997 on the Joint Committee on Publications and Press Agencies.
Repealed texts
- Decree No. 82-282 of 26 March 1982 providing exceptional support to national daily newspapers providing general and political information with low advertising resources
Support for regional and local weekly publications
- Decree No. 96-410 of 10 May 1996 instituting support for regional and local weekly publications (consolidated text)
- Decree No. 84-371 of 16 May 1984 amending Decree No. 82-282 of 26 March 1982 instituting exceptional aid to national daily newspapers providing general and political information with low advertising resources
- Decree No. 85-569 of 29 May 1985 amending Decree No. 82-282 of 26 March 1982 instituting exceptional aid to national daily newspapers providing general and political information with low advertising resources
- Order of 25 February 1991 creating a fund to support the expansion of the French press abroad
- Decree No. 93-989 of 6 August 1993 Instituting exceptional aid to enterprises publishing national and local press publications for political and general information (aid granted only in 1993)
- Decree no. 96-678 of 30 July 1996 establishing a fund for the repayment of social charges paid by the press companies for the carrying of national dailies
- Decree No. 97-1066 of 20 November 1997 on the Press Support Fund for the 1997 financial year (aid allocated only in 1997)
- Decree No. 98-793 of 4 September 1998 establishing aid for facsimile transmission of daily newspapers
- Decree no. 2002-858 of 3 May 2002 establishing aid for facsimile transmission of daily newspapers
- Intellectual property code: article L.121-8
- Intellectual property code: L.132-35 to L.132-45
- Labour Code, Articles L7111-1 and L7111-2 (professional journalists)
- Labour Code, Articles L7111-3, L7111-4, L7111-5 and L7111-5-1 (professional journalists)
- Social Security Code, Article L.382-1 (photographers working for news agencies)
- General Tax Code, Article 81 (journalists, editors, photographers, newspaper directors)
- Code of Criminal Procedure, Article 109, paragraph 2 (journalists)
- Law No. 87-39 of 27 January 1987 various social measures (Article 10: local correspondents of the regional and departmental press) (consolidated text)
- Law No. 91-1 of 3 January 1991 the development of employment through training in firms, support for social and occupational integration and the organization of working time, for the application of the third employment plan (Article 22: status of press sellers and press holders daily and similar)
- Order of 7 January 1991 fixing the flat-rate basis of assessment of contributions due for press sellers and press holders, daily and similar
- Law No. 93-121 of 27 January 1993 various social measures (Article 22 III: photographers working for news agencies)
- Order of 30 July 1996 amending the Order of 7 January 1991 fixing the flat-rate basis of assessment of contributions due for press sellers and daily press holders (OJ No 177 of 31 July 1996 page 11605)
- Decree no. 2010-994 of 26 August 2010 on the copyright of journalists
- Decree no. 2007-1527 of 24 October 2007 on the right of online reply
- Decree no. 2009-1340 of 29 October 2009 reforming the legal regime of the press
- Decree no. 2009-1379 of 11 November 2009 on the development assistance fund for online press services
- European Convention on the Legal Protection of Conditional Access and Conditional Access Services
- European Convention on Cross-Border Television
- European Convention on Copyright and Related Rights in Cross-Border Satellite Broadcasting
- Recommendation CM/Rec(2007)11 on the promotion of freedom of expression and information in the new information and communication environment
- Recommendation Rec(2007)3 on the mission of public service media in the Information Society
- Recommendation Rec(2007)2 on media pluralism and diversity of media content
- Statement by the Committee of Ministers on protecting the role of the media in democracies in the context of media concentration
- PACE Resolution 1557(2007) on the image of women in advertising
- Decision No. 82-141 DC of 27 July 1982 , Audiovisual Communication Act, Rec. p. 48
- Decision No. 84-181 DC of 10 October 1984 , An Act to Limit Concentration and Ensure Financial Transparency and Pluralism of Media Enterprises, Rec. p. 78
- Decision No. 84-176 DC of 25 July 1984 , Law amending the Law of 29 July 1982 on Audiovisual Communication and on certain provisions applicable to audiovisual communication services subject to authorisation, Rec. p. 55
- Decision No. 84-173 DC of 26 July 1984 , An Act Respecting the Operation of Publicly Available Radio and Television Services on a Cable Network, Rec. p. 63
- Decision No. 85-198 DC of 13 December 1985 An Act to amend Law No. 82-652 of 29 July 1982 and to make various provisions relating to audiovisual communication, Rec. p. 78
- Decision No. 86-210 DC of 29 July 1986 , Law reforming the legal regime of the press, Rec. p. 110
- Decision No. 86-217 DC of 18 September 1986 , Freedom of Communication Act, Rec. p. 141
- Decision No. 88-248 DC of 17 January 1989 An Act to amend Act No. 86-1067 of 30 September 1986 on freedom of communication, Rec. p. 18
- Decision No. 93-333 DC of 21 January 1994 An Act to amend Act No. 86-1067 of 30 September 1986 on freedom of communication, Rec. p. 32
- Decision No. 2000-433 DC of 27 July 2000 An Act to amend Act No. 86-1067 of 30 September 1986 on freedom of communication, Rec. p. 121
- Decision No. 2001-450 DC of 11 July 2001 , An Act respecting Social, Educational and Cultural Provisions, Rec. p. 82
- Decision No. 2004-496 DC of 10 June 2004 , Trust in the Digital Economy Act
- Decision No. 2004-497 DC of 1 July 2004 , Law on Electronic Communications and Audiovisual Communication Services
- Conseil d'État, no. 262348, 262381 - Société TMC, société PATHE REGIE In its decision of 13 March 2006 Société TMC, Société PATHÉ RÉGIE, the Conseil d'État rejected the requests for cancellation of Decree no. 2003-960 of 7 October 2003 amending Decree no. 92-280 of 27 March 1992, known as the “Advertising Decree” which had partially opened television advertising to certain economic sectors.
- Council of State, No. 239962, 1 February 2006, European Federation of Audiovisual Directors (FERA) By rejecting the grounds for annulment of Decree No. 2001-609 of 9 July 2001 on the contribution of publishers of television services broadcast over terrestrial over-the-air in analog mode to the development of the production of cinematographic and audiovisual works, known as the “production decree”, the Conseil d'État has, in its decision of 1 February 2006, European Federation of Audiovisual Producers (FERA) considered that the French system of “relative independence” was in conformity with Community law.
- Interior Section - Notice No. 368.265 of 17 September 2002 - Audio Broadcasting and Television Private audio and television broadcasting services - Granting of authorisations - Additional channel governed by the third paragraph of III of Article 30-1 added to the Law of 30 September 1986 by the Law of 1 August 2000 - Impossibility for the Conseil Supérieur de l'Audiovisuel to conduct a comparative examination of applications (published in the 2003 Report of the Conseil d'Etat, p. 222)
- General Assembly - Opinion No. 367.729 of 27 June 2002 - Radio and television broadcasting No incompatibility of national law with Community law Restriction on the holding by foreigners of more than 20 per cent of the capital of a corporation that holds an authorization for an over-the-air broadcasting service - Assessment of the 20% threshold in relation to the total capital and not just the fixed part of the share ownership - Conditions for determining the nationality of a company and the concept of direct or indirect holding of the share capital (Published in the State Council Report 2003, p. 218)
- Interior Section - Opinion No. 367.165 of 29 January 2002 - Audio broadcasting and television Conseil supérieur de l'audiovisuel - Cessation of office of a member - Resignation - Impossibility of making the resigning member eligible to retain his right to salary for one year (published in the 2003 Report of the Council of State, p. 217)
- CJCE, June 2, 2005, Aff. C-89/04, Mediakabel BV v. Commissariat voor de Media. Reference for a preliminary ruling by the Dutch Courts. The ECJ has held that a quasi-video-on-demand service is a television broadcasting service which, as such, falls within the rules of the "television without frontiers" (TVSF) Directive, including for obligations to support European works. It specifies the concept of "television broadcasting services" which includes services intended for an undetermined number of potential viewers, from which programmes are simultaneously transmitted.
- ECJ, 13 July 2004, Commission of the European Communities v French Republic, Aff. C-262/02 Compatibility with the EC Treaty of the provisions of the Evin Law prohibiting television advertising of alcoholic beverages marketed in France (billboards visible during the retransmission of certain sporting events).
- ECJ, 13 July 2004, Aff. C-429/02, question referred for a preliminary ruling by the French Court of Cassation in the dispute between Bacardi France SAS and TF1, Groupe Jean-Claude Darmon SA, Girosport SARL Evin Law - Prohibition of television advertising for alcoholic beverages marketed in France - Interpretation of directive 89/552/EC known as "television without frontiers".
- CJCE, 23 October 2003, RTL Television GmbH v Niedersäschsische Landesmedienanstalt für privaten Rundfunk, aff. no. C-245/01 Preliminary ruling on the interpretation of Article 11 of the TVSF Directive on the insertion of advertising spots in television programmes.
- CJCE, 28 October 1999, Arbeitsgemeinschaft Deutscher Rundfunkanstalten (ARD) v. PRO Sieben Media AG, Aff. No. C-6/98 , Rec. 1999 p. I-7599: Since Article 11, paragraph 3 of the Directive, worded in ambiguous terms, provides for a restriction on the possibility of interrupting the transmission of audiovisual works by advertising, This restriction should be interpreted in the strictest sense. However, it is common ground that the crude principle, whereby the duration of the advertisements is included in the period of time taken into account for calculating the number of interruptions authorized, allows a greater number of commercial interruptions than the net principle, according to which only the duration itself of the works is included. It follows that Article 11, paragraph 3, of that Directive must be interpreted as providing for the principle of crude oil, so that, in order to calculate the 45-minute period for the purpose of determining the number of advertising interruptions authorized in the broadcast of audiovisual works, such as feature films and films designed for television, the duration of the advertisements must be included in this period.
- CJCE, 9 July 1997, Konsumentenombudsmannen v. Agostini Förlag and TV-Shop i Sverige, Aff. No C-34, 35, 36/95 , Rec. 1997 p. I-3843: According to the Court, the “television without frontiers” Directive does not prevent a Member State from taking measures against an advertiser under a general regulation on the protection of consumers against misleading advertising, because of an advertisement broadcast from another Member State, provided that there is no obstacle to the retransmission of programmes from that other Member State. In addition, a Member State may not, by virtue of a national law, object to the distribution of advertising from another Member State aimed at capturing children under the age of 12.
- ECJ, 5 June 1997, VT4 v. Flemish Community of Belgium, Aff. No. C-56/96 , Rec. 1997 p. I-3143: The Court judges that, according to the directive «televisions without borders», a broadcaster falls under the jurisdiction of the Member State where it is established and, if it is established in more than one State, the Member State which has jurisdiction in the territory in which the broadcaster has the centre of its activities, that is, in particular where programming decisions are taken.
- ECJ, May 29, 1997, Paul Denuit v. Kingdom of Belgium, Aff. No. C-14/96 , Rec. 1997 p. I-2785: A State may not object to the retransmission on its territory of programmes of a television broadcasting organisation falling within the competence of another Member State where it considers that its programmes do not comply with the requirements of Articles 4 and 5 of the the directive "television without frontiers" means that this assessment is subject to the control of the State of origin.
- CJCE, December 12, 1996, RTI et al v. Ministerio delle Poste e Telecomunicazioni, Aff. No. C-320/94 , Rec. 1996 p. I-6471: The Television Without Borders Directive and, in particular, Articles 1, subparagraph (b), and 18 thereof shall be interpreted as meaning that the expression "forms of advertising such as offers made directly to the public" in Article 18 shall be interpreted, in the Community rules, as regards the possibility of increasing the maximum percentage of daily transmission time devoted to advertising and increasing it to 20 %, an exemplary nature so that it may also apply to other forms of promotion, such as "tele-promotion", which, like "offers made directly to the public", require, because of their presentation methods, a longer duration than advertising spots. The Directive and, in particular, Article 17(1)(b) thereof must be interpreted as not prohibiting, in the case of programmes which are the subject of sponsorship, inserting the sponsor’s name and/or logo at times other than the beginning and/or end of the program. However, as regards the television broadcasting organizations which fall within their competence, Member States have the right, under Article 3.1 of the Directive, to lay down stricter rules in this area, in so far as they do not affect the freedoms guaranteed by the Treaty, in particular the freedom to provide services and the free movement of goods. This interpretation does not affect the fact that sponsored television programs must not under any circumstances encourage the purchase or rental of the sponsor’s or third party’s products or services, in particular by making promotional references specific to these products or services.
- ECJ, 10 September 1996, Commission of the European Communities v. Kingdom of Belgium, Aff. No C-11/95 , Rec. 1996 p. I-4115: The Court condemns the introduction of a system of prior authorization for the retransmission by cable of television broadcasts from other Member States, this second control being equivalent to abolishing freedom of movement.
- ECJ, 10 September 1996, Commission of the European Communities v. United Kingdom, Aff. No. C-222/94 , Rec. 1996 p. I-4025: A broadcaster falls within the competence of the Member State in whose territory it is established. The Court therefore condemns the application of another criterion in the case of satellite broadcasters, the location of the uplink and the differentiated system of domestic and non-domestic licences established by the State for satellite broadcasting services, as well as control over programming that is retransmitted by a broadcaster under the jurisdiction of another Member State.
- CJCE, February 9, 1995, Société d'importation Édouard Leclerc-Siplec v. TF1 Publicité et M6 Publicité, aff. no. C-412/93 , Rec. 1995 p. I-179: The directive «televisions without frontiers» does not prevent Member States from prohibiting the broadcasting of advertisements for certain sectors - in this case distribution - on television channels under their jurisdiction
- CJCE, October 5, 1994, TV10 Sa v. Commissariaat voor de Media, Aff. No. C-23/93 , Rec. 1994 p. I-4795: A Member State retains the right to take measures against a television broadcasting body established in another Member State, but whose activity is wholly or principally directed towards its own territory, where such establishment took place in order to avoid the rules which would apply to it if it were established in the territory of the first Member State. Where a broadcaster moves to another Member State to circumvent the national regulations of the country or countries to which its programmes are directed, in whole or in the main, it must comply with the provisions applicable to national broadcasting organizations.
- ECJ, 3 February 1993, Vereniging Veronica Omroep Organisatie v. Commissariaat voor de Media (Veronica), aff. no. C-148/91 , Rec. 1993 p. I-487: As part of a cultural policy aimed at establishing a pluralistic, non-commercial broadcasting and television system, Legislation which results in preventing national broadcasting organizations from improperly avoiding the exercise of the freedoms guaranteed by those articles cannot be considered incompatible with the provisions of Articles 59 and 67 of the Treaty their legal obligations relating to the content of the programmes.
- ECJ, 25 July 1991, Commission of the European Communities v. Kingdom of the Netherlands (Mediawet II judgment), Attachment C-353/89 , Rec. 1991 p. I-4069: Restrictions on the broadcast of advertising messages may be imposed for the purpose of protecting consumers from excessive commercial advertising or, as part of a cultural policy, maintain a certain quality of programs.
- CJCE, July 25, 1991, Stichting Collective Antennevoorziening Gouda et al v. Commissariaat vor de Media ("Mediawet I"), aff. no. C-288/89 , Rec. 1991 p. I-4007: A cultural policy aimed at safeguarding the freedom of expression of the various social components, in particular, cultural, religious or philosophical conditions existing in a Member State may constitute an overriding reason of general interest justifying a restriction on the freedom to provide services
- CJCE, 18 June 1991, Elliniki Radiophonia Tiléorassi AE and Panellinia Omospondia Syllogon Prossopikou v. Dimotiki Etairia Pliroforissis and Sotirios Kouvelas and Nicolaos Avdellas et al., aff. #260/89 , Rec. 1991 p. I-2925: Community law does not preclude the granting of a television monopoly, for reasons of public interest, of a non-economic nature. However, the arrangements for organising and exercising such a monopoly must not prejudice the provisions of the Treaty on the free movement of goods and services and the rules of competition.
- CJCE, April 26, 1988, Bond van Adverteerders et al v. Kingdom of the Netherlands, Aff. No. C-352/85 , Rec. 1988 p. 2085: National regulations which are not indistinctly applicable to the provision of services, whatever their origin, and which are therefore discriminatory, are not compatible with Community law.
- CJCE, July 11, 1985, Cinéthèque SA et autres v. Fédération nationale des cinémas français, aff. no. C-60/84 and C-61/84 , Rec. 1985 p. 2605: Taking into account the objective of encouraging the creation of cinematographic works, a regulation ensuring that cinematographic works of all origins have priority over other means of distribution is compatible with Article 30 of the Treaty, subject to being indistinctly applicable and proportionate with regard to the objective pursued.
- CJCE, March 18, 1980, SA Compagnie Générale pour la Diffusion de la Télévision, Coditel, et al v. SA Ciné Vog Films et al ("Coditel" judgment), aff. no. C-62/79 , Rec. 1980 p. 881: Article 59 of the Treaty does not preclude an assignee of rights of representation of a film in a Member State from invoking his right to prohibit the representation of that film in that State without its authorization by cable television.
- ECJ, March 18, 1980, Procureur du Roi v. Marc J.V.C. Debauve et al. (Debauve), aff. no. C-52/79 , Rec. 1980 p. 833: In the absence of harmonization of the rules applicable to television broadcasting, any Member State is competent to regulate, restrict or prohibit, for reasons of general interest and in a manner which is not in the interests of the general publicdiscriminatory, the broadcast of commercials.
- CJCE, 30 April 1974, Giuseppe Sacchi, Aff. No. C-155/73 , Rec. 1974 p. 409: The broadcasting of television messages as such falls within the Treaty rules on the freedom to provide services.
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