The French Council of State has issued a significant ruling impacting the fight against illegal streaming. Four decisions relate to blocking websites used for unauthorized broadcasts of sports events, specifically those for which Canal+ holds broadcasting rights.
Canal+ challenged the French media regulator, Arcom, over its interpretation of the Intellectual Property Code, arguing the existing process was too slow. Previously, French ISPs could block illegal streaming sites’ domain names following a court order. However, platforms often circumvented this by creating mirror sites with new domain names. Since October 25, 2021, Arcom has had the power to block these mirror sites without individual court orders.
However, Arcom’s previous requirement for a “certificate of no appeal” – confirming all legal avenues were exhausted – significantly prolonged the process, especially when dealing with organizations outside France. Canal+ challenged this, leading to the Council of State’s decision.
The Council of State ruled that the procedures are “expedited on the merits” and are provisionally enforceable. This means judgments can be enforced immediately, without waiting for the appeal period, significantly impacting the speed and effectiveness of blocking illegal streaming sites. This represents a significant victory for Canal+ and a potential shift in how France addresses online piracy.