Hmm. It was a big issue at the time. In truth, I'm really not sure how it works in France. Anyway, the big fight going on is really about minimal previews. Unfortunately, there is no disinterested reporting on the issue. The media is very much profit-maximizing.
The recitals aren't part of the law, but should only guide the interpretation. Also, this is a directive. That means it directs the member states to make law, but has no direct effect, as such.
So they just... f*ck off and die.