Avis du 22 juillet 2008 sur deux projets modifiant le décret Diffusion et le décret Cahiers des missions et des charges de France 2 et France 3
Opinion no. 2008-4 of July 22, 2008 concerning two draft decrees, one amending decree no. 90-66 of January 17, 1990 laying down the general principles governing the diffusion of cinematographic and audiovisual works by television service editors, the other amending the specifications of France 2 and France 3, and a draft decree.
The French Superior Audiovisual Council has been asked to give its opinion, pursuant to articles 27 and 33 of law no. 86-1067 of September 30, 1986, as amended, on freedom of communication, and, after deliberation, has formulated the following opinion:
The Conseil notes that the proposed changes are the result of consultation and an agreement reached on December 20, 2007 between France Télévisions and professional film organizations. It fully endorses the approach of translating into regulatory texts the results of agreements reached between the parties concerned.
The purpose of these changes is to make the diffusion schedule for cinematographic works more flexible for services other than cinema or pay-per-view, with the opening of the segment starting on Saturday at 11 p.m. until Sunday at 3 a.m., in return for an increase in the level of their financial contribution to cinematic production in Europe. The Council considers that the recommended increase is likely to benefit the sector's economy.
In its opinion of June 5, 2007, on other amendments to decree no. 90-66 of January 17, 1990 concerning multiple-programming cinema services, the Conseil had already considered that " a more flexible diffusion schedule for cinematographic works on other television services would be worth examining".
The Conseil is therefore in favor of the proposed relaxation of the diffusion schedule for cinematographic works. This development is particularly opportune in view of the multiplication of film diffusion media, particularly on the Internet.
However, the Council regrets the complexity of the constraints linked to this opening up of the schedule, which is incompatible with the simplification of the rules it has been calling for for several years.
It therefore recommends the withdrawal of the excessively restrictive schemes concerning the scheduling of cinematographic works in the above-mentioned time segment. This recommendation is intended to leave room for possible developments in agreements between service editors and film industry professional organizations, without the need for further amendment of the decrees.
Lastly, we hope that this modification will be made with a view to preserving equal treatment between public and private companies.
For the French Superior Audiovisual Council :
The Chairman,
Michel BOYON