FRANCE Law and Practice Contributed by: Clara Hainsdorf, Bertrand Liard, Saam Golshani and Guillaume Vitrich, White & Case LLP
TV and Radio Providers ARCOM must grant authorisation to TV and radio providers using the network of assigned frequencies before they can provide their servic - es. Private providers have to participate in a call for applications and be selected by ARCOM in order to be provided with an assigned frequency. The provider must sign an agreement with ARCOM, outlining specific service rules based on coverage, advertising market share and com - petition compliance. ARCOM's authorisation can last up to ten years for TV services and five years for radio services, with the possibility of renewal up to two times without a new applica - tion process. For other services provided without using the assigned frequencies, the applicable procedure will depend on the service. As a principle, such services may be broadcasted only after entering into an agreement with ARCOM, defining their specific obligations and the contractual penal - ties available to the regulator for non-compli - ance. However, services with a budget under EUR75,000 for radio and EUR150,000 for TV are only required to make a prior declaration rather than entering into an agreement. Finally, distributors of audiovisual services not using assigned frequencies must make a prior declaration before distribution. This declaration should include: • the distributor's corporate form, name and head office address; • a list of services; • the service offer structure; and • a letter of intent to conclude a distribution agreement for paid television services.
AVMS Providers AVMS must be declared to ARCOM prior to the provision of such services. The purpose of such declaration is to facilitate the identification of AVMS, better ensure their regulation and be able to verify their obligations. This declaration must notably include the description of the service and the designation of a responsible person, and can be completed online. Companies With Online Video Channels With User-Generated Content The revised Audiovisual Media Services Direc - tive (AMSD) extends certain audiovisual rules to video-sharing services, such as YouTube. It has been transposed in France by an ordinance dated 21 December 2020. To be considered as a video-sharing service, the service must meet the following conditions: • it is provided by means of an electronic com - munication network; • it provides user-created programmes or vid - eos to inform, entertain or educate as its main purpose; • it has no editorial responsibility for the con - tent; and • it is related to an economic activity. Video-sharing services have specific obligations. Besides ensuring compliance with general con - tent rules, ARCOM has additional powers, such as resolving disputes between users and provid - ers and ensuring providers meet transparency obligations. ARCOM's powers are limited to video-sharing platforms established in France, due to the country of origin principle. However, platforms from other EU states may still need to contribute to French cinematographic and audi - ovisual content production, despite being regu - lated by their home country. The classification
89
CHAMBERS.COM
Powered by FlippingBook