Avis du 15 mars 2005 sur le projet de décret portant approbation du cahier des missions et des charges de France 4
Avis du 15 mars 2005 relatif au projet de décret portant approbation du cahier des missions et des charges de la société France 4
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 approving the terms of reference and obligations of France 4, based on the constitutional principles governing freedom of communication, the priority of access to frequencies, in particular for digital terrestrial diffusion, laid down in article 26 of the aforementioned law for public channels, as well as the definition of public service missions laid down in article 43-11 of the aforementioned law, the French Superior Audiovisual Council, after deliberation, formulates the following opinion:
The Conseil notes with interest the birth of a new public-sector digital channel, whose programming, mainly devoted to culture and creative programs, will enrich the free DTT program supply and meet the expectations of the youngsters for whom this service is particularly intended.
With regard to the general editorial line of the project, the Conseil considers that, while the service's obligations in terms of live shows are clearly established, with a minimum of 50 live shows broadcast annually and a quarter of its contribution to production devoted to them, the project, by proposing multi-thematic programming, remains very open for other genres and deserves to be clarified.
While the list of genres in the preamble and body of the text emphasizes France 4's cultural and artistic dimension, the Conseil deduces from article 30 that the company will nevertheless be able to reserve a place for sports broadcasts. The Conseil questions France 4's positioning within France Télévisions' overall sports supply. It believes that the new service's mission statement should ensure a certain diversity in this area, by giving priority to disciplines that receive little media coverage.
More generally, the articulation and complementarity between the programming offered by France 4 and that of the other channels of the France Télévisions group should be more fully detailed.
Secondly, the Council considers it desirable that, for a channel where innovation in program content and the rejuvenation of the audience are clearly identified objectives, ethical obligations should be strengthened, in particular to provide a better framework for programs that solicit audience participation. On this point, the more general remarks concerning the strengthening of ethical obligations made by the Conseil in its opinion on the draft decree amending the specifications of France 2, France 3 and France 5, also apply to France 4. The Conseil's remarks concerning better representation of the various components of the national community on public channels also apply to France 4.
With regard to access to the channel's programs for the deaf and hard-of-hearing, the Conseil suggests that the wording of article 4 of the draft terms of reference be adapted to better reflect the objective set out in article 53 of the law of September 30, 1986, as amended by article 74 of law no. 2005-102 of February 11, 2005 on equal rights and opportunities, participation and citizenship for the disabled. In application of this law, the draft terms of reference should set a target for access to all programs for the deaf and hard-of-hearing, according to a ramp-up defined by the contract of objectives and means.
With regard to teleshopping programs, the programming of which is provided for in article 34 of the draft terms of reference, the Council considers that, even if they were exclusively concerned with the sale of cultural goods, this category of programs, which is based on commercial solicitation, is difficult to reconcile with the objectives and missions that a public-sector channel should pursue.
In any event, the Conseil points out that, pursuant to article 22 of the decree of March 27, 1992, which refers to article 8, the sale of books and cinema tickets for films currently being or about to be shown in cinemas are prohibited. He also questions the compatibility of the sale of cultural goods under the provisions of article 24 of the decree, which prohibits any mention of brands on air.
Lastly, the Council notes that, with regard to the child protection scheme, the draft terms of reference make provision for France 4 to implement the scheme defined "by the French Superior Audiovisual Council", whereas for the other public channels, the scheme is established "in agreement with the French Superior Audiovisual Council". It would seem desirable to harmonize the wording on this point.
This notice will be published in the Journal officiel de la République française.
Paris, March 15, 2005.
For the French Superior Audiovisual Council :
The Chairman
Dominique Baudis