Avis du 4 juillet 2023 relatif à un projet de décret portant modification du cahier des charges de la société nationale de programme France Télévisions

The French regulatory authority for audiovisual and digital communication,

Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular Articles 48 and 56-1;

Vu le décret n°2009-796 du 23 juin 2009 modifié fixant le cahier des charges de la société nationale de programme France Télévisions ;

Having regard to the submission of a case before the court by the Minister of Culture, with effect from June 12, 2023

After due deliberation,

Delivers the following opinion:

The Government has referred to the French regulatory authority for audiovisual and digital communication a draft decree amending article 6 of the France Télévisions specifications. The aim of this amendment is to modernise the scheme for diffusing live shows on the services published by the public group.

France Télévisions, by virtue of the missions entrusted to it by law and the summonses set out in its Contract of Objectives and Means, must set high standards in terms of access to culture for all citizens.

Under the current provisions of article 6 of its terms of reference, the public broadcasting group is required to inform viewers about the various forms of theatrical, lyrical and choreographic expression, and to report on the latest developments in these fields. These provisions also set out the main terms of the obligation to broadcast such shows.

Each live performance diffusion is awarded a defined number of points, which vary according to the conditions of this diffusion (from 1 point for diffusions taking place at low listen times, to 3 points for programming at times when the public is more widely available).

Each year, the Group's Board of Directors sets the minimum number of points to be earned, which cannot be less than 100. In recent years, this threshold has been set at between 150 and 200 points.

France Télévisions has consistently complied with this scheme. However, it soon became apparent that this was not a sufficient incentive to ensure a significant presence of live shows during primetime listen times. As early as 2015, the regulator therefore summoned the attention of the authorities to the need for development.

The Autorité therefore welcomes the principle of this reform, which is structured around four modalities:

• the extension of the types of shows taken into account to include concerts and creative circus shows;
• the abolition of the points system in favor of a minimum annual number of diffusions set at 390 programs, including at least 60 on France 2,
  France 3 and France 5;
• tightening of the broadcasting times taken into account, i.e. between 6 p.m. and 11 p.m. every day, and between 2 p.m. and 6 p.m. on Wednesdays, Saturdays and Sundays, on public holidays and during school vacations;
• the introduction of an obligation to showcase live performances in France Télévisions' digital supplies.

The Authority endorses the general thrust of this proposal, which, by setting a minimum number of shows to be diffused during peak listening hours, and by ensuring that certain performances are shown on France Télévisions' historical channels, aims to give viewers better access to these works. In addition, the group's programming will be more efficient, given the amounts it invests in the production of live shows (with an annual commitment of €15.75 million), in line with commitments made in an inter-professional managerial framework with the creative sector.

• broadening the range of show genres

The AMF is in favor of broadening the genres of shows taken into account, in order to better reflect the diversity of cultural disciplines on the public group's services. It is pleased to note that the draft submitted for its opinion no longer lists comedy shows, unlike the text put out to public consultation by the Government on
February 17, 2023.

It stresses that it will be necessary to ensure that the obligations set out in article 5 of the specifications, which deals with musical programs, are properly coordinated with the option that France Télévisions will now have to give a special place to concerts under article 6.

In addition, the notion of "creative circus shows" would benefit from a more detailed characterization.

Lastly, the Authority suggests making provision for a scheme to prevent over-representation of any of the performing arts categories covered by the text.

• Introduction of a minimum number of live show diffusions

The Autorité approves the replacement of the current points scheme by a diffusion quota. Combined with the tightening of the times of diffusion taken into account, this quota will make the regime for the exhibition of live shows more efficient, clearer and simpler to control.

The Authority draws the Government's attention to the need to ensure that the bulk of this obligation is met through broadcasts and reruns of shows and concerts, in particular by strictly limiting or even excluding from the count broadcasts presenting an anthology of such shows as mentioned in I of article 6.

She also stresses the importance of maintaining and strengthening the exposure of live performances on public television's historical channels.To this end, shehopes that a significant proportion of the obligation to show 60 eligible programs on France 2, France 3 and France 5 will be carried out on France 2 and France 3. She will pay particular attention to this in her annual reports on the execution of France Télévisions' contractual obligations, pursuant to article 48 of the law of September 30, 1986.

• Tightening of the broadcast times taken into account in calculating the obligation to broadcast

This development is in response to the regulator's repeated observation that live shows are overexposed in the night-time programming of the Group's channels.

• Exposure of live entertainment within digital supplies

Arcom notes with interest the amendment made to article 6 of the terms of reference to give live performances greater prominence in the group's video-on-demand supplies.

This notice will be published in the Journal officiel de la République française.

Paris, July 4, 2023.

For the Autorité de régulation

de la communication audiovisuel et numérique :

Le président,

R.-O. MAISTRE