Full reference : Calandri, L., Incitation(s) et autorégulation(s) : quelle place pour le droit de la compliance dans le secteur audiovisuel ? , in M.-A. (dir.), Les outils de la Compliance, série "Régulations & Compliance", Journal of Regulation & Compliance et Dalloz, 2020, to be published.
Summary of the article (by Marie-Anne Frison-Roche)
The author took the audiovisual sector, "pilot" in the matter, to measure very precisely the way in which in France case law of the Conseil d'Etat introduced a logic of Compliance by leaving the operators free to organize themselves while supervising them.
After recalling that by the decisions of 2016 Fairvesta and Société Numéricable, the Conseil d'Etat allowed the judicial control of acts of soft law, in particular those issued by the Audiovisual Regulator, the author confronts this state of law with the assertion of this Regulator that he is not the "policeman" of this sector.
The Conseil d'Etat follows it by isolating among its acts those which are only incentive and escape the control by the judge, in the same way as acts of soft law adopted by the companies of the sector, expression of a self-regulation, They also escape litigation and are therefore also "unjustifiable".
The author concludes that this completely renovates the governance of the sector, the Regulator by becoming more the arbiter and the supervisor of this new soft law.