00:00Sous-titrage Société Radio-Canada
00:06Dear participants, dear all,
00:09thank you very much for your invitation
00:10to participate in this conference.
00:12As President of the French Regulatory Authority, ARCOM,
00:17I am very pleased and honoured to be able to take part
00:20in this important event on audiovisual and copyright issues.
00:24Let me apologise for not being physically with you today in Prague,
00:30but videoconference systems enabled me to share this special moment with you.
00:36I would like to begin my intervention by expressing my deep attachment
00:40to European cooperation, especially in the cultural field.
00:45As you may know, ARCOM is strongly engaged within the European Regulators Group
00:51for Audiovisual Media Services, ERGA, along with its Czech counterpart.
00:58We are therefore always happy to accept invitations from our European colleagues
01:03and exchange about our models and experiences.
01:07Two weeks ago, the Czech Republic took over after France,
01:11the presidency of the Council of the European Union for six months.
01:15I know that many challenges are ahead, especially for media and digital regulation,
01:20but significant achievements are also to be expected in this regard.
01:26Thanks to the Digital Services Act, the European Union is turning a corner
01:31in promoting a safer internet and defending our values and democracies.
01:36The forthcoming European Media Freedom Act, which is expected to be proposed
01:41by the European Commission in September, will also represent an important progress
01:45for media independence and diversity.
01:47This topic is of particular importance to us since our first legal mission is to guarantee freedom
01:55of communication and defend free speech in individual media.
01:59We are therefore living an extremely interesting period of time in Europe.
02:04Our regulatory models are evolving to match the pace of change on the technological,
02:10economic and societal fronts.
02:13The French example completely illustrates these transformations.
02:18Let me start by saying a few words about ARCOM.
02:22ARCOM is an independent public authority that has been created very recently,
02:27the 1st of January 2022, by the merger of two institutions,
02:32the French Audiovisual Council, CSA, and the French High Authority for the Dissemination of Works
02:39and the Protection of Rights on the Internet, ADOPI.
02:42The CSA was created in 1989 and ADOPI in 2009.
02:49ARCOM therefore inherits a large history of regulation.
02:53Today, our institution is composed of 355 employees and has a board made up of nine members
03:00appointed by the French Parliament and our two High Courts,
03:04except for the President who is appointed by the President of the Republic.
03:08Board members are appointed to a six-year non-revocable and non-renewable term
03:12and one-third of the board is renewed every two years in order to guarantee our independence.
03:18Independence and collegial spirit are two strong values of our institution.
03:24ARCOM is based in Paris but also has 12 regional offices in mainland France
03:28and four in overseas territories.
03:31We therefore aim to develop a strategy of proximity in our regulation
03:36to be in touch with the local media and public.
03:38Our missions are extremely diversified from audiovisual regulation to platform regulation,
03:46combating online piracy, fake news and hate speech, and protecting minors.
03:52Through a mix of national and EU laws, these missions have progressively been extended
03:58to include new operators or tackle new challenges.
04:02For instance, in accordance with the Audiovisual Media Services Directive,
04:07the AVMSD, our authority now extends to on-demand audiovisual services,
04:14including those established in another EU member state but targeting the French territory,
04:20for instance Netflix, Amazon Prime or Disney,
04:24and to video-sharing platforms such as Dailymotion.
04:28Over recent years, the French Parliament has also started expanding our mandate
04:33to social networks and search engines in order to increase their accountability
04:38and transparency on three kinds of disorders – information manipulation,
04:43hate speech, apology of terrorism.
04:45This has enabled us to interact on a very regular basis with all major content online platforms,
04:53such as Facebook, Twitter, Google, TikTok and several others,
04:58and improving our knowledge on the way they operate, especially regarding content curation and moderation.
05:05This experience will be extremely instrumental in the near future when implementing
05:12the Digital Services Act, the now famous DSA, which relies on the same approach,
05:19making these players more transparent and accountable under supervision of regulatory authorities.
05:25By ensuring these principles, backed by robust implementation tools into European law,
05:34the DSA has a huge potential for the protection of European citizens and democracies.
05:40ARCOM, like its European counterparts gathered within ERGA,
05:45is fully committed to contributing to the DSA's success.
05:50Since this conference is focused on audiovisual and copyright issues,
05:54I will now quickly present our new mission to defend creation and its stakeholders.
06:01Today, in France, around 9 million people use illegal internet services every month.
06:07These services counterfeiting activity represents more than 1 billion euros per year,
06:15a huge amount in loss of revenue in the audiovisual sector alone.
06:20While the combined action of creative stakeholders and public authorities
06:25are helped to encourage legal practices, the piracy of cultural content still continues.
06:31In order to take meaningful and effective action against this phenomenon,
06:37ARCOM is deploying a new mechanism against services that illegally give access to cultural or sports content.
06:44To combat the piracy of cultural content, the authority can identify illegal services
06:51and add them to a list of infringing services.
06:55This list informs users and encourages intermediaries advertising or online payment intermediaries
07:03or technical hosts to stop collaborating with the identified services.
07:10This characterization carried out by ARCOM can also be used by right holders in their legal actions
07:17to obtain the blocking of illegal services.
07:20The aim is thus to isolate illegal services before right holders ask a judge to block them.
07:28ARCOM may also be asked after the judge's decision to block services that include all or a substantial part of
07:35the content of a service
07:36that has already been blocked, the so-called MIRA sites.
07:41It is thus responsible for updating court decisions against services that too frequently succeed very quickly
07:49in making illegal content available again to the general public.
07:53The regulator is also tasked by encouraging the signing of agreements between rights holders and all stakeholders
08:02likely to put an end to infringements of copyright and related rights on the Internet.
08:09Such agreements help to protect creation.
08:12Beyond the protection of creation alone, the fight against the piracy of sports broadcasts is of utmost importance to us.
08:20The new system set out in the French sports code takes into account the urgency of blocking the live streaming
08:27of sports events,
08:29considering that the damage caused in this situation is instantaneous and irreversible.
08:36With the creation of ARCOM, right holders can take legal action to block services that illegally broadcast the sport competition.
08:44The judge may decide to temporarily block any service broadcasting the competition illegally,
08:53whether or not it has been identified at the time of the decision for the days listed in the official
08:59competition calendar
09:00and for the duration of its broadcasting.
09:04ARCOM is thereafter responsible for updating these dynamic orders issued by the judge.
09:10Throughout the period covered by the court decision, right holders may transmit data identifying services illegally broadcasting a sporting event
09:20to the authority,
09:21which then may request that they be blocked.
09:25Since the implementation of this new system, thanks to a strong partnership between ARCOM, right holders and the judge,
09:33500 illegal websites have been blocked by internet service providers.
09:38The audience of illegal websites providing sport content has decreased by 37% in three months.
09:46Our mission to combat piracy also includes making platforms that give the public access to copyright protected works accountable,
09:53which is the French transposition of Article 17 of the copyright directive.
10:00This article gives creators the right to authorize or prohibit the uploading of their works to major platforms
10:07and to negotiate where appropriate the terms of uploading.
10:12The aim is to restore more balanced competition between these new players and providers of music or audiovisual streaming services.
10:20ARCOM is responsible for encouraging cooperation between right holders and providers of online content sharing services
10:28and for assessing the effectiveness of the measures taken by platforms.
10:33Today, 87% of internet users consider that the rules put in place by platforms to allow authors to be
10:41paid are justified.
10:42ARCOM will need to ensure that the legitimate uses of users, in particular under exceptions to copyright, are preserved.
10:51We may be called upon by a user or right holder to settle a dispute relating to the action taken
10:57by a platform in response to a contested blocking order.
11:01We are also tasked with alerting users and deterring illegal practices with a graduated response.
11:09This is the mechanism that allows ARCOM to reach out to the general public to curb the phenomenon of piracy.
11:17The first step of a graduated response is to inform internet and subscribers that their connections have been used for
11:25infringing purposes on peer-to-peer networks.
11:29Its aims are to encourage them to take action to stop these illegal practices and steer them towards offers that
11:38respect creators.
11:39When the messages sent by ARCOM to an internet subscriber at least twice are not sufficient to stop the infringements,
11:47a second step initiated consists of transmitting the subscriber's file to the prosecutor who decides what actions to take.
11:57In more than 70% of cases, warned internet users do not re-offend.
12:03Over a 12-year period, illegal peer-to-peer practices have decreased by more than 60%.
12:10The number of users involved dropped from 8.3 million in 2009 to 3 million in 2021.
12:20Last but not least, our missions also include promoting legal offers.
12:25Today, 49% of internet users subscribed within their household to a subscription-based video-on-demand service,
12:34an increase of 27 points within three years.
12:39Incentives for the development of legal offers are reflected in particular in the referencing of these offers.
12:45Nearly 450 offers were identified in 2021 in the areas of video games, music, digital books, video-on-demand, and
12:56photos and images.
12:59ARCOM thus provides users with a service where they can search for a legal platform suited to their needs according
13:07to a set of criteria.
13:08Free or paid, pay-per-view or by subscription, streaming or downloading for different playback terminals.
13:17ARCOM also allows internet users to install a model on their internet browser so they may be directly informed of
13:25the legality of any service providing cultural content.
13:29The legal offer extension, which has been developed by ARCOM, can be downloaded directly from other stores.
13:37When a user finds a service on the internet, a symbol appears when the service is well referenced by ARCOM
13:44that shows it respects intellectual property rights.
13:47The development of legal offers also requires that awareness-raising actions aimed at professionals, the general public, and more particularly
13:58school audiences be reinforced.
14:01Legal offers protect prevention as well as users from the dangers of using illegal services.
14:0780% of these services pose IT risk to their users and expose them to threats to the personal or
14:16bank data or to inappropriate content.
14:19As you can see, our missions to protect creation and support have been extended and diversified to tackle the challenges
14:26posed by piracy and copyright.
14:28As often, sharing national experiences and perspectives at a European level is extremely useful to improve practices and collectively pave
14:39the way forward.
14:40This conference offers an excellent opportunity to do so.
14:44Thank you very much for your attention and I wish you a very interesting conference and useful exchanges about a
14:51topic that I am deeply attached to.
14:58there!
14:59All right, so the audience questions that have been touched on starting the following show with this subject 플레이 and
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