Avis du 5 octobre 2004 sur le projet de décret modifiant le décret n°90-66 pris pour l'application des art. 28 et 33-1 de la loi du 30 septembre 1986
Opinion no. 2004-4 of October 5, 2004 on the draft decree amending decree no. 90-66 of January 17, 1990 implementing articles 28 and 33-1 of law no. 86-1067 of September 30, 1986.
Having been consulted, pursuant to articles 27 and 33 of law no. 86-1067 of September 30, 1986, as amended, on freedom of communication, on a draft decree amending decree no. 90-66 of January 17, 1990, the French Superior Audiovisual Council, after deliberation, takes note of the Government's decision to adopt, pursuant to articles 28 and 33-1 of the law of September 30, 1986, as amended on July 9, 2004, a decree supplementing a minima decree no. 90-66 of January 17, 1990.
It approves the measure extending to television services other than cinema the option of being rebroadcast in full or in part in several programs within the meaning of 14° of article 28 and the last paragraph of I of article 33-1 of the amended law of September 30, 1986.
The Council also notes that, by allowing it to set the terms and conditions for the rerun of audiovisual works on the different programs of a multiple-programming television service, the decree enshrines a scheme already implemented by the French Superior Audiovisual Council in its agreement with Canal+ SA. However, to avoid any distortion of multiplexing, the Conseil suggests that this option be extended to cinematographic works.