CASE COMMENTS: REGULATORY - SUPREME ADMINISTRATIVE COURT – AUDIOVISUAL REGULARTORY BODY – DTT
Audiovisual sector : The French Supreme Administrative Court annuls the decisions of the Higher Audiovisual Council that refused to grant authorisation for free broadcasting to two channels (LCI, Paris Première)
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In two rulings of 17 June 2015, LCI (No. 384826) and Paris Première (No. 385474), the Conseil d'État made a bold reading of the fourth paragraph of Article 42-3 of Act 86-1067 of 30 September 1986 on freedom of communication, as amended by Article 27 of Act 2013-1028 of 15 November 2013 on the independence of public broadcasting. Under]the terms of this paragraph, "[Subject to compliance with Articles 1 and 3-1, the Conseil Supérieur de l'Audiovisuel may, by a reasoned decision, give its approval to a modification of the financing arrangements when it concerns the use or non-use of remuneration from users. Prior to its decision, it shall carry out an impact
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