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to download the 2012 registration document. - Groupe M6

to download the 2012 registration document. - Groupe M6

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RISK FACTORS AND MANAGEMENTThe Conseil Supérieur de l’Audiovisuel thus ensures that <strong>the</strong> channels meet all <strong>the</strong>ir obligations.Sanctions incurred in <strong>the</strong> event of non-compliance with commitments are listed in Articles 42 andsubsequent of <strong>the</strong> Law of 30 September 1986: summons, suspension, reduction of <strong>the</strong> broadcastinglicence <strong>to</strong> a single year, monetary sanctions limited <strong>to</strong> 3% of revenue or 5% in case of repeat offence,cancellation of <strong>the</strong> licence.In order <strong>to</strong> minimise risks associated with production and broadcasting quotas, <strong>M6</strong> put in<strong>to</strong> place aprecise daily moni<strong>to</strong>ring of its programming and investments in programme production. In addition, oneof <strong>the</strong>se systems is exclusively focused on moni<strong>to</strong>ring <strong>the</strong> network, ensuring daily that all programmecontents are in accordance with regulations in force.The Group considers that within an environment where TV channels face numerous challenges and need<strong>to</strong> adapt <strong>to</strong> a changing environment (increase in <strong>the</strong> number of channels, increase in viewing media,insufficient revenue growth, competition from powerful new business players), <strong>the</strong> growing complexity of<strong>the</strong> audiovisual regula<strong>to</strong>ry framework generates new risks, reflected in new obligations and constraintsthat reduce investment and programming options; regulations are liable <strong>to</strong> hamper <strong>the</strong> development andadaptation and innovation capacity of audiovisual groups.b) Risk related <strong>to</strong> frequency managementThe channels granted <strong>to</strong> his<strong>to</strong>ric private networks by <strong>the</strong> Law of 5 March 2007 as compensation for <strong>the</strong>early switch off of <strong>the</strong> analogue signal have been called in<strong>to</strong> question by a substantiated opinion issuedby <strong>the</strong> European Commission in September 2011. France may challenge this pre-litigation ruling and <strong>the</strong>networks involved, including <strong>M6</strong>, retain this right for <strong>the</strong> time being. In all cases, <strong>the</strong> damage suffered hasnot been disputed and his<strong>to</strong>ric networks are still entitled <strong>to</strong> compensation.No o<strong>the</strong>r regulations liable <strong>to</strong> have a significant impact on <strong>the</strong> Métropole Télévision Group have beenadopted since <strong>the</strong> start of <strong>2012</strong>.4.5.2. Intellectual property, freedom of press and personal privacy<strong>M6</strong> Group’s broadcast of audiovisual programmes, whe<strong>the</strong>r produced in-house or by third parties, issusceptible <strong>to</strong> claims of various natures concerning <strong>the</strong> violation of provisions relating <strong>to</strong> laws onintellectual property rights, personal privacy rights and freedom of <strong>the</strong> press.No contractual provision can provide <strong>the</strong> Métropole Télévision Group with <strong>to</strong>tal protection against legalrecourse, particularly with regard <strong>to</strong> legal action matters based on <strong>the</strong> Law of 29 July 1881 on <strong>the</strong>freedom of <strong>the</strong> press.In addition, Métropole Télévision Group diversification activities may generate claims regarding <strong>the</strong>infringement of <strong>the</strong> aforementioned rights.Never<strong>the</strong>less, procedures have been implemented within Métropole Télévision Group <strong>to</strong> protect it fromthis type of risk: contract mechanisms (guarantee clauses) and internal procedures, such as assignmen<strong>to</strong>f legal advisors <strong>to</strong> production in-charges, guidelines, etc., which enable this risk <strong>to</strong> be considerablyreduced.124 - <strong>M6</strong> GROUP - <strong>2012</strong> REGISTRATION DOCUMENT

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