Avis du 17 juillet 2007 sur le projet de règlement relatif aux conditions d'accès aux stades des journalistes pendant la Coupe du monde de rugby 2007 (in French only)
Opinion no. 2007-7 of July 17, 2007 on the draft regulation concerning conditions of access to stadiums for representatives of print and audiovisual media companies during the 2007 Rugby World Cup
In accordance with the provisions of the third paragraph of article L. 333-6 of the French Sports Code, the French Superior Audiovisual Council (Conseil supérieur de l'audiovisuel) has been asked to give its opinion on draft regulations, drawn up by Rugby World Cup Limited (RWC), concerning conditions of access to stadiums for representatives of written or audiovisual information companies during the sixth Rugby World Cup, to be held mainly in France from September 7 to October 20, 2007.
Conditions of access to sports stadiums for television journalists and staff are governed by the provisions of the first two paragraphs of article L. 333-6 of the French Sports Code. The first paragraph lays down the principle of free access for all journalists to sports venues "subject to constraints directly linked to the safety of the public and athletes, and to capacity". The second paragraph makes provision for television services that are not licensees "to capture only images that are distinct from those of the event or sports competition itself".
While it is clear from the RWC regulations that priority allocation of seats in the media area of stadiums hosting matches will be given to representatives of rights-holding television and radio services, representatives of non-rights-holding audiovisual communication services will also have access to the stadiums and their media areas on a first-come, first-served basis, subject to capacity. This would appear to comply with the first paragraph of article L. 333-6 of the French Sports Code.
However, the French Superior Audiovisual Council questions one of the conditions governing access by journalists and staff from television services that are not rights holders to the stadiums where the Rugby World Cup will be held. Indeed, point 2.3 of the regulations stipulates that representatives of these services "may under no circumstances enter the stadiums or any other controlled area on match days [...] with cameras and/or any type of sound and/or image recording equipment".
By making provision for representatives of television services not holding audiovisual rights to be unable to capture images of the sidelines of sports competition, point 2.3 is likely to render ineffective the provisions of the second paragraph of article L. 333-6 of the French Sports Code. In its current wording, therefore, it does not comply with the principle of free access for journalists to sports venues, unless it is explicitly stated that this restriction on filming and/or sound recording equipment must be justified by "constraints directly linked to the safety of the public and athletes, and to the capacity of the venue".
Wishing to ensure that the public's right to information and freedom of communication are effectively guaranteed, the French Superior Audiovisual Council, after due deliberation, has issued a favorable opinion on the draft regulations submitted to it, subject to explicitly making provision for the fact that the ban on access to stadiums with any type of filming and/or sound recording equipment for television services that are not rights holders must be justified by constraints linked to public safety or capacity.
Paris, July 17, 2007.
For the French Superior Audiovisual Council :
Le président,
M. Boyon