Quotas on SMAD
On-demand audiovisual media services (SMAD) established in France, whether public or private, must abide by the exhibition rules laid down by the amended law of September 30, 1986 and the texts adopted in application thereof.
The French law of September 30, 1986 and decree no. 2021-793 of June 22, 2021 impose obligations on on-demand audiovisual media services (SMAD) to exhibit and promote European and original French-language (EOF) works.
Only SMADs established in France are subject to these obligations, which are set out in the agreements of the services concerned.
In addition, only services whose supply includes at least ten feature-length cinematographic works or ten cinematic works are concerned.
With regard specifically to video-on-demand (VOD) services other than catch-up TV services, the obligations apply only to services with annual net sales in excess of 1 million euros, and whose audience exceeds 0.1% of the total audience in France of the SMAD category to which they belong. These services must not be mainly devoted to pornographic or extremely violent programs.
Exhibition quotas for audiovisual and cinematic works
In accordance with the provisions ofarticle 28 of decree no. 2021-793 of June 22, 2021, the catalog of services must contain annually:
- at least 60% European works,
- at least 40% EOF works.
These quotas apply specifically to long-term cinematographic works and audiovisual works made available to the public.
With regard to audiovisual works, derogations are possible in return for a commitment by the service editor to invest in the production of previously unreleased EOF audiovisual works produced by independent companies. In such cases, the proportion of European works may not be less than 50%.
For catch-up TV services, the above-mentioned proportions are identical to those applicable to the television service from which they originate.
Enhancing the value of audiovisual and cinematic works
In accordance with the provisions ofarticle 29 of decree no. 2021-793 of June 22, 2021, service editors must at all times reserve a substantial proportion of the works whose prominence is ensured by means other than the mere mention of the title, for European works or works of original French expression. The decree sets out a number of means by which the service editor can do this: highlighting on the home page, in content notices, in user-initiated program searches, and within the service's promotional campaigns.