Avis du 4 octobre 2011 relatif à un projet de contrat d'objectifs et de moyens de la société nationale de programme France Télévisions pour la période 2011-2015

Avis n° 2011-16 du 4 octobre 2011 relatif à un projet de contrat d'objectifs et de moyens de la société nationale de programme France Télévisions pour la période 2011-2015(Journal officiel du 3 décembre 2011)

Pursuant to article 53 of law no. 86-1067 of September 30, 1986 on freedom of communication, the Government has transmitted to the French Superior Audiovisual Council the draft contract of objectives and means for France Télévisions for the period 2011-2015. The French Superior Audiovisual Council, having deliberated in plenary session on October 4, 2011, issues the following opinion.
As soon as he was appointed in August 2010, Rémy Pflimlin announced that he wished to negotiate a new contract of objectives and means (COM), as authorized by article 53 of the law of September 30, 1986, in order to align its duration with that of his term of office. The Board welcomes this move, which it has repeatedly summoned.
The new draft COM is a faithful translation of the three priorities of France Télévisions' strategic plan for 2011-2015 entitled "Conquest and Reconquest", namely: the affirmation of strong editorial lines for each of the channels, the development of a proactive digital strategy and the concrete implementation of the single enterprise.

A COM that includes significant progress

Editorial lines :
The Board approves the developments in the first chapter concerning the strengthening of the channels' identities in a logic of complementarity, in order to guarantee a satisfactory audience and thus ensure the full legitimacy of the public channel package as a whole.
To further clarify the description of editorial lines, particularly those of France 3 and France 4, and to complement article 3 of the specifications, the COM should summons specific objectives for each channel, accompanied by target indicators. However, the project makes provision for only one indicator applicable to France Ô, and gives an indication of France 5's editorial line by setting the share of documentaries in its programming at over 50%.
The Board proposes the addition of an indicator relating to an emblematic programme type for each channel, which France Télévisions wishes to emphasize. For example: for France 2, French drama; for France 3, local and regional news; for France 4, entertainment and live shows; for France 5, documentaries; for France Ô, programs produced or co-produced by overseas France 1res.
The indicator made provision for France Ô could be more ambitious. It makes provision for France Ô to show 12 local programs (1) per month until 2012, and 15 local programs from 2013 onwards. To make this commitment more proactive, it would be preferable to exclude news broadcasts from this quantum. The Board proposes that the indicator be raised to 18 local programs per month (2 programs per month per station), excluding news broadcasts.
With regard to overseas France 1res programming, it is gratifying to note that the draft COM makes provision for an increase in the volume of locally-produced programs (25% of the schedule from 2014 and 80% of specific programs in 2015).

____________________________
(1) Programs produced or co-produced by the 9 overseas France stations.

The visibility of overseas France on the airwaves :
As the Council recommended in its second report to Parliament on the representation of diversity on television, the draft COM makes provision for the promotion of overseas France and improved visibility on all France Télévisions channels. However, no indicators are made provision for.
Among the measures envisaged in the framework agreement on the Year of Overseas France, signed by the Minister for Overseas France and France Télévisions at the start of the year, are the relocation of two overseas France programs per TV channel during the year, a special "overseas France" edition of the channels' flagship programs, special events on overseas France, particularly in the field of culture, and short programs and documentaries dedicated to living together overseas France.
The Board proposes that an indicator be introduced to quantify the efforts made during the Year of Overseas France, and that these efforts be sustained over subsequent years. To this end, it could be proposed to relocate two programs per channel each year, i.e. eight special programs per year (on France 2, France 3, France 4 and France 5, excluding France Ô, which already has a specific indicator).

Strengthening France 3's regional programs:
The Board welcomes the ambitious goal of increasing the diffusion of France 3's regional programs, which should rise from 13,000 hours a year to 20,000 hours.
The introduction of an indicator to monitor their hourly cost, which has yet to be specified by France Télévisions, constitutes a relevant rationalization and efficiency tool, particularly for regional news, which is at the heart of France 3's mission.

The digital challenge :
The Board is satisfied that the draft COM reflects a determination to take up the digital challenge, in particular to anticipate the development of connected TV sets.
The development of two platforms, one for news and the other for sports, should make it possible to continuously enhance the value of two types of programs that structure the identity of France Télévisions' channels. The desire to make programs available to the public as part of a sharing strategy can only be encouraged, in order to reach target audiences who rarely watch television.
However, the Board regrets the reduction in the number of quantified indicators in this draft COM, compared with the contract currently in force, for an objective that is within the scope of the development priorities of France Télévisions' 2011-2015 strategic plan. With specific regard to the indicator on the number of single visiters to France Télévisions' websites, it is surprising that the target for 2011 is a drop compared with the actual figure for 2010.

Commitment to creation :
The Board welcomes the public service objectives set out in Chapter II of the draft COM, in particular that relating to France Télévisions' investments in audiovisual and cinematic production, which broadly replicates the objective set out in the previous COM.
In line with the commitments made in the charter for the development of drama signed by the Group on July 4, 2011 with producers and valid for the period 2011-2015, concerning France Télévisions' participation in the rise of innovative, creative and talented drama, a new indicator is made provision for the proportion of investment devoted to writing and development. The Board proposes that this indicator should specify how it is to be increased, and suggests that it should correspond, at the end of the COM, to a dubbing of the amount devoted to writing and development.

Exposure of cultural programs in the first half of the evening:
France Télévisions must continue to offer a cultural program every evening in the first half of the evening, on at least one of its channels. The new COM specifies the criteria.
This indicator could be more ambitious, given that France Télévisions now has an additional channel (France Ô). The target could thus be raised from 365 to 456 programs per year.

Promoting music on France Télévisions channels:
The draft COM has the merit of paying particular attention to music. With regard to the creation of an indicator relating to music, the Board suggests referring not to "programs containing music" but to "programs of a musical nature", for the sake of consistency with the specifications. An hourly volume target could be set, as of 2010, with a gradual ramp-up. The volume achieved in 2010 corresponds to a daily average of five hours on the public group's national channels. It is proposed to increase this average to 7.30 hours by the end of the COM.

Diversity :
With regard to on-air diversity, the draft COM develops the efforts France Télévisions must make in terms of diversity.
The Board also proposes that the number of programs aided by the joint commission of the CNC and the Acsé, and shown on France Télévisions in the first part of the evening, be retained as an additional indicator. As of the number of broadcasts carried out in 2010 (4 first part evenings on France Télévisions channels out of the 119 programs aided in 2010 by the "Images de la diversité" commission), it would be possible to make provision for a ramp-up, which should lead to at least 20 programs aided by the "Images de la diversité" commission being shown on France Télévisons channels in 2015.
With regard to diversity in human resources management, it is gratifying to note that, in line with the recommendations made by the Board in its second report to Parliament on the representation of the diversity of French society on television, the draft COM makes provision for France Télévisions to take the necessary steps in 2011 to obtain the "diversity" label, with the aim of obtaining it by 2013.
All these actions in favor of equal opportunity should be evaluated annually by France Télévisions' standing committee on diversity, and be the subject of a summary evaluation report for the information of national representatives.

Accessibility :
The draft COM includes an indicator concerning the number of audiodecorated programs per year. France Télévisions will gradually offer a growing number of programs with sign language for audiences unable to use subtitles, particularly children. The Board welcomes this special effort to help people with visual or hearing disabilities.
It also suggests that the new COM should make provision for an indicator concerning the subtitling of regional programs. Another indicator could concern the diffusion of one news broadcast per evening in French sign language. This proposal corresponds to measure 38 of the 2010-2012 plan for the deaf and hard-of-hearing, drawn up under the aegis of the Minister of Labor, Social Relations, Family, Solidarity and Cities on February 10, 2010.

Training:
The Board welcomes France Télévisions' intention to step up its training efforts by using its in-house university and developing cooperation with the Institut national de l'audiovisuel. It proposes that the COM set a number of training courses to be carried out with the INA, as it does for those of France Télévisions' internal university.

A COM in need of clarification in certain respects

High definition :
The new draft COM goes into greater detail on high-definition objectives than the rider to the COM 2009-2012. However, the timetable for the transition of France Télévisions channels to high definition (HD) remains very imprecise, with the exception of France 5 in 2013 and France 4 before the end of the COM.
It is regrettable that France 3's move to HD is not a priority, as the technical reasons put forward by France Télévisions can be overcome.
The Board proposes that the COM specify the timetable for France 3 national and France Ô's transition to HD.

Business plan:
The Board regrets that the 2011-2015 business plan, which appears only as an appendix, provides no details of program or broadcasting costs.

*
* *

The Board's opinion is supplemented by an appendix that inventories additional quantified indicators with targets that could help the authorities in their task of monitoring the contract of objectives and means.

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

Paris, October 4, 2011.

For the French Superior Audiovisual Council :

Le président,

M. Boyon

Browse the appendix to the Council's opinion in the Journal officiel of December 3, 2011.