By akademiotoelektronik, 10/10/2022

The Hadopi - CSA merger, confirmed by the Minister of Culture and Communication, Will give birth to a new entity with more extensive powers

In early October, after six months of work, it is a report formulating forty proposals that the information mission "on a new regulation of audiovisual communication in the digital age" produced.Unsurprisingly, the fight against hacking was notably highlighted in the report."There is an urgency to act, because it is 1.3 billion euros in losses", the equivalent of the turnover of cinema operators, then said the deputy LREM Aurore Bergé who was rapporteur.Sixty-five million illegal videos are consulted each month in France, in particular by 15-24 year olds.But the report recalls that in 2017, only 88 fines were imposed, including one at least 2,000 euros, while 17 million complaints of beneficiaries were sent to the Hadopi (High Authority for the Diffusion of Worksand the protection of rights on the Internet).Based on this observation, parliamentarians recommend strengthening the powers of the Hadopi and providing it with a criminal transaction power, that is to say the possibility of inflicting a pecuniary sanction without going through the judge for those whouse streaming and download sites.They also plead so that the independent authority can temporarily block live streaming links.The challenge is of importance for operators like SFR, which spends 350 million euros per year for the broadcast of the football champions league, and chains like Canal+, which estimates that the drop in hacking would allow it to conquer500,000 more subscribers.The mission also proposes to merge the Hadopi with the Superior Audiovisual Council (CSA) "to create a unique authority for regulating audiovisual content".It is an idea that had already been proposed during the previous five -year term before being abandoned."It is coherent to merge the CSA (which must ensure compliance with the conventions of channels and stations, protect pluralism, young audiences and, tomorrow, participate in the fight against information manipulation) and Hadopi (whichhas developed extremely strong technical and legal expertise) to have a truly powerful regulatory authority, ”said Ms. Bergé.The bill which must reform the French audiovisual sector provides for a merger between the Superior Audiovisual Council (CSA) and the authority for the fight against hacking in order to create a new regulator with extensive powers to digital actors, confirmedTuesday Franck Riester, the Minister of Culture and Communication, during a meeting with the association of media journalists.The government is finalizing a text which aims to soften the regulations of television and radio players while preserving the French works financing model.The project, which will be presented to the Council of Ministers in early November before arriving in Parliament in early 2020, plans to merge the CSA and Hadopi.The CSA is responsible for cultural diversity, the independence of the media and pluralism.But historically, the CSA is responsible for controlling the use of limited public good: hertzian waves.However with digital technology, the scarcity of the resource is no longer: it has therefore seen its field of action tightening on a mission of controlling information and cultural exception.Hadopi is responsible for fighting online hacking via the graduated response system (although limited to peer -to -peer networks) and promoting the legal offer.Again, the Hadopi mission concerns the regulation of content.Journalists present at lunch relay different points on Twitter.We learn for example through the Mégane Journalist People that this rapprochement with the regulator will materialize by a cross -appointment system for members.Carole Villevet, for her part, indicates that "CSA and Hadopi will merge into an authority that will have extensive powers".The purpose of this merger is to create a brand new entity that would benefit from extensive powers: “The idea is to create a new authority on the basis of this merger which is regulating both audiovisual communications and digital communications"Explains Frank Riester.Other points are also discussed, including TV advertising regulations. Selon Gensous, qui a rapporté les déclarations du ministre, son évolution se fera par décret(s) en parallèle du calendrier de la réforme de l’audiovisuel : la modification du décret de 1992 sera présentée fin septembre pour une entrée en application au 1^er janvier 2020.Franck Riester Acronmé that advertising segmented on television and radio will be authorized, with the limit not to mention the nearby points of sale "so as not to destabilize the other media".In fact, the text would authorize advertising that will target commercial messages with viewers, like what exists on the Internet.A decree of March 27, 1992 "fixing the general principles defining the obligations of service publishers in terms of advertising, sponsorship and tele-shop" to date this type of advertising.Its article 13 exposes that "advertising messages must be disseminated simultaneously throughout the service area", prohibiting all granularity.In the meantime, the Hadopi claims from the Ministry of Culture an envelope of 9 million euros in grants to carry out its current missions, including the graduated response, in 2020.A sum which must be voted by the Parliament during the examination of the next finance bill.In another deliberation, voted on July 29, the institution stresses that its "budgetary trajectory" is now "stabilized", explaining this budgetary consistency.Sources : Reuters, Mégane Gensous, Carole Villevet, HadopiEt vous ? Que pensez-vous de cette fusion ? Que pensez-vous du budget demandé par la Hadopi ?Voir aussi : Loi anti-fake news: le CSA détaille ses recommandations pour les plateformes en ligne, et ouvre une consultation publique La Hadopi commande une analyse de l'écosystème des sites pirates, au terme de laquelle elle s'avoue désarmée « face à ces nouveaux services » Hadopi : l'autorité a constaté près de 3000 négligences caractérisées en un an, qui ont conduit à 76 condamnations