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Question asked by Matteo Card on the 23/10/2018
Hello,
We shortened your question, which was originally, "What does the law say about the fact that a youtubeur known (perhaps not the only one) was "judge and party" to agree 50 000 euros through the CNC?".
On Twitter, a surfer, whose nickname "The elite sees everything" is a reference to the forum 18/25 of jeuxvideo.com, accuses indeed since a few days Cyprien, one of the most famous French youtubeurs, of conflict of interest.
The reason ? On April 28, 2018, the commission of the "Video Creators' Aid Fund" on the Internet has granted Cyprien 50,000 euros, while the youtubeur is a member of this commission, created in 2017 by the CNC to help videographers . In the commission in question, which meets five times a year, we find several names known to the little world of youtubers: Lorenzo Benedetti, founder of Studio Bagel, or the video artists "Flober" and "Solange speaks to you". Nothing secret, as suggested by the hashtag used, #CyprienGate, since all these documents are freely available on the CNC website.
Is there any conflict of interest? No. Because as the surfer said in his thread, retweeted several thousand times on Twitter, Cyprien did not sit on this commission the day this help was granted.
From a legal point of view, it changes everything. Article 122-8 of the Rules of Procedure prohibits the members of a committee from sitting during a meeting concerning them. In this case, the youtubeur can not be accused of a conflict of interest.
"Under the pretext that I have a popular channel on the Internet, I should not be entitled to ask for help? An unknown humorist had the same help as me, but that's not a problem. I'm trying to create content, it may not please everyone but I'm doing my bestHas since reacted Cyprien, to the World.
The CNC's defense, contacted by CheckNews, is the same:
"We have more than 60 CNC helpers, and 60 commissions, and cases that are completely identical. The members of a commission are chosen because they are experts in their field. They are professionals who know them. And yes, some file with the CNC. Like any professional or citizen has the right to do".
In this case, the rule is simple: the concerned members of the commissions withdraw, and they receive like the other applicants, the answer on their file, at the end of the meeting of the commission.
A self-criticized for years
This does not extinguish criticism, as these commissions are regularly accused of favoring the agreement between members of the same jury. In addition to the Cyprien case, several choices of this same commission have indeed been pointed out. Thus, a former member of the Golden Mustache, FloBer, was part of the commission when the collective Golden Mustache received 10,000 euros of subsidies. And when Julien Ménielle received 50 000 euros of help for his channel "Dans ton corps", Cyprien, with whom he shot several videos, was part of the commission. Nothing illegal however according to the CNC, which considers that these different people are not directly related financially.
These suspicions have been sparing no other aid granted by the CNC for years. Thus, in 2012, the Gamekult video game site estimated that 27% of the aid granted by the video game badistance fund went directly or indirectly to members of the jury.
The Court of Auditors had alerted at the time:The renewal of the members of the allocation committees is not entirely satisfactory and they can sometimes be "judges and parties" within these bodies. The AcSB has committed to limiting, in some cases, the number of".
cordially
Robin Andraca
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