Avis du 15 mars 2005 sur le projet de décret modifiant les cahiers des missions et des charges de France 2, France 3 et France 5
Avis du 15 mars 2005 relatif au projet de décret portant approbation des modifications des cahiers des missions et des charges des sociétés nationales de programme France 2, France 3, France 5 et abrogate les dispositions relatives aux projets numériques de France Télévisions adoptées en 2002
Requested to give its opinion, pursuant to article 48 of law no. 86-1067 of September 30, 1986, as amended, on freedom of communication, on a draft decree which, on the one hand, approves amendments to the specifications of the missions and obligations of France 2, France 3, France 5 made necessary by the launch of digital terrestrial television and the renaming of the national program company La Cinquième, and abrogates the provisions relating to France Télévisions' digital projects adopted in 2002, the French Superior Audiovisual Council, after deliberation, issues the following opinion:
This coordinating decree summons few comments from the Conseil. However, it considers that the observation it made on France 4's draft terms of reference concerning access to programs for the deaf and hearing-impaired should also be taken into account in the terms of reference for France 2, France 3 and France 5.
With regard to the latter, the Conseil considers that, since France 5 will be broadcasting 24 hours a day in digital mode, and article 18 of its mission statement makes provision for it to be subject to the provisions of decree no. 2001-609 of July 9, 2001, this national program company can meet the obligation to broadcast previously unseen European and original EOF works starting between 8pm and 9pm. The aforementioned decree should therefore be amended so as to no longer exclude France 5 from the scope of application of the obligation set out in article 8, paragraph 2.
More generally, the Conseil regrets that, for reasons of timing and even though the report to the Prime Minister states that the decrees cannot be published before March 31, the official launch date of free-to-air digital terrestrial television, the remarks it has regularly made, during successive amendments to these specifications, to demand that the ethical obligations of public channels be aligned with the stipulations negotiated with private channels, have not been taken into account. These clauses, which clearly establish the principle of on-air control and provide a framework for programs that summon public participation, make it possible to effectively monitor the ethical content of the programs that are shown.
The Conseil would also have liked to see the modification of these terms of reference provide an opportunity to introduce a provision it had repeatedly requested, concerning the diversity of the various components of the national community on public channels. In the Conseil's view, the provisions contained in the current terms of reference, which are limited to the promotion of the different cultures that make up French society and the fight against discrimination, should be brought into line with the wording negotiated by the Conseil with the private channels. By imposing a better on-air representation of the origins and cultures that make up French society, the latter is a guarantee of effectiveness for this objective of diversity, to which the Conseil has always been deeply attached.
In addition, the Conseil recommends amending France 2 and France 3's mission statements, which, as currently worded, prevent any advertising breaks during broadcasts of sporting events that do not include intervals. In view of the unfortunate economic consequences of this regime when it concerns events of long duration, the Conseil suggests aligning the regime applicable to national program companies with that of private operators. In line with the European Commission's recommendations, the latter have the option of interrupting the retransmission of sporting events without intervals every twenty minutes.
This notice will be published in the Journal officiel de la République française.
Paris, 15 March 2005.
For the French Superior Audiovisual Council :
The Chairman
Dominique Baudis