Eurovision DSM contest
As of 7 June 2021 France had implemented only parts of the DSM directive
France has split the implementation of the directive into multiple parts. In October 2019 it implemented the new press publishers right contained in Article 15. An attempt to implement Article 17 via an ordinary legislative procedure was abandoned in April 2020. In December 2020 France adopted a delegation law authorizing the Ministry of Culture to implement the remainder of the directive without further parliamentary deliberation. On the 12th of May 2021 the Ministry of Culture published an ordinance implementing Article 17 and Articles 18-23 into the Code of Intellectual Property. On the 30th of June 2021 an ordinance implementing the remaining articles of the Directive was submitted to the Ministry of Culture.
The French implementation of Article 17 simply restates the text of the Directive. As such, it does not contain any ex-ante safeguards for users rights or additional transparency provisions. It also does not narrow down the definition of platforms affected by these rules.
So far France has only implemented those parts of the Directive that strengthen the position of rights holders and/or creators. The French legislator has deliberately chosen to delay the implementation of the new exceptions in the directive until after the implementation deadline.
Nothing to see here yet.
As of 7 June 2021, the French implementation is incomplete and extremely one-sided. France has made great efforts to implement those provisions that strengthen the position of rights holders and/or creators on time, while it has deliberately not implemented a single provision that strengthens the rights of users yet. In other words, France has pushed through the implementation of those provisions that it had championed during the discussion at the European level and is ignoring the will of the European legislator on the provisions it had opposed.
The French implementation process has been relatively intransparent, with the government using the COVID-19 pandemic as an excuse to end the parliamentary deliberation. On the positive side, the Ministry of Culture has made positive contributions to the discussion about Article 17 by commissioning two studies (conducted by Jean-Philippe Mochon for the CSPLA) that have contributed to the understanding of some of the issues caused by Article 17). The work of the CSPLA has resulted in some minor improvements in the final implementation of Article 17.
Local partners: our local partner has been Wikimedia France
For more information please see our implementation tracking page for France.
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