Françoise Nyssen announced her wish to create a “blacklist” of illegal streaming platforms. An idea that is not new.
“I decided to regain control,” said Françoise Nyssen on Wednesday. The Minister of Culture chose to intercede in favor of the film industry. While it must reform the sensitive issue of the chronology of the media, 13 organizations of the seventh art and three television groups (TF1, Canal + and M6) have called for measures against piracy. Françoise Nyssen announced to think about the establishment of “black lists”, that would establish the High authority for the diffusion of the works and the protection of the rights on Internet (HADOPI). The institution would then transmit this inventory to Internet service providers and search engines. These would be responsible for dereferencing illegal platforms and preventing users from accessing them. Moreover, advertisers who advertise there would be punished.
Hadopi, poor and not very effective in the face of new uses
Françoise Nyssen recognizes the current obsolescence of the measures taken in the Hadopi 1 law, promulgated in June 2009. “Most of our arsenal is about peer-to-peer downloading, today, while piracy is done in 80% of the world. case in streaming or direct download, “explains the minister. She cites a figure similar to that of the Association for combating audiovisual piracy (Alpa), according to which the loss of earnings for cinema in France amounted to 1.4 billion euros in 2016 .
The minister wants to “evolve the mechanism of graduated response, placing the priority on the fight against pirate sites to dry […] and make them disappear”. Illegal streaming could potentially join child pornography and terrorism in the list of illegal content that can be blocked in France.
Legislation that is not adapted to new challenges
The chronology of the media is a set of rules to ensure the durability of the audiovisual sector in France. Each distributor has a period defined in time from the release in theaters to exploit his film on different media. This system nevertheless has insidious effects on online piracy. Internet users sometimes prefer to turn to pirated versions of a film rather than wait for its official release in France.
In addition, this agreement is now seen as a constraint to new players like Netflix and Amazon Prime Video. By seizing the video-on-demand sector they have become leading producers of the audiovisual industry. To be able to immediately release its productions on its platform, Netflix does not diffuse films in room. If so, it should wait 36 months before it can be made available online. This is also why the leader in subscription video streaming will not participate this year at the Cannes Film Festival .
François Nyssen’s idea is not new. Fleur Pellerin, former Minister of Culture, had already proposed four years ago to establish such a “blacklist” counterfeit site. This measure had finally not been applied. Fleur Pellerin had still signed a “charter of good practices in advertising for the respect of the copyright”, in order to financially dry the platforms of illegal streaming.