Translation with SYSTRAN Links

Audio-visual communication and communication with the public online

Web TV - radio operator Web (DOA)

A first distinction must be operated between the messages which concern the private correspondence and those which are intended for the public. In the first case, the message is exclusively intended to a natural person or given and individualized morals. The characteristic of the private correspondence is the fact that its communication is covered by the secrecy, whose violation engages the criminal responsibility of the author.

When the message does not have the character of a private correspondence, he is regarded as being intended for the public. Article 2 of the law of September 30th, 1986 relating to the freedom of communication gives the following definition of the communication to the public by electronic way: “(…) very put at disposal of the public or categories of public, by a process of electronic communication, signs, signals, writings, images, sounds or messages of any nature which do not have the character of a private correspondence ”.

Among the contents, on Internet, which are intended for the public, another distinction must be operated between those which concern the communication to the public online and those which are attached to the audio-visual communication.

The article 1st of the law of June 21st, 2004 for confidence in the digital economy online defines the communication in the public as being “ very transmission, on individual request, of numerical data not having a character of private correspondence, by a process of electronic communication allowing a reciprocal exchange of information between the transmitter and the receiver ”.

The audio-visual communication is defined in article 2 of the law of September 30th, 1986 in these terms: “ One understands by audio-visual communication any communication with the public of services of radio or television, whatever the methods of provision near the public, any communication with the public by electronic way of services other than of radio and television and not raising of the communication to the public online as defined in the article 1st of the law n° 2004-575 of June 21st, 2004 for confidence in the digital economy, like any communication with the public of services of audio-visual mediums to the request. »