Avis sur le projet de décret portant approbation de modifications des cahiers des missions et des charges de France 2 et France 3

The French Superior Audiovisual Council (Conseil supérieur de l'audiovisuel) has been asked to give its opinion, pursuant to article 48 of the amended law of September 30, 1986 on freedom of communication, on a draft decree approving amendments to the specifications of France 2 and France 3, and after deliberation, while approving the general economy of the text, wishes to make the following observations:

With regard to advertising
In favor of reducing the dependence of public-sector channels on advertising, the Conseil approves the measures consisting, on the one hand, in reducing the maximum duration of commercials shown in a given hour from twelve to ten minutes per rolling hour for the year 2000, and, on the other hand, in capping the maximum duration of commercial sequences at four minutes.
Like article 6 of the draft legislation amending the law of September 30, 1986, the draft legislation also makes provision for the Boards of Directors of France 2 and France 3 to set a maximum duration for the diffusion of messages promoting the programs, products and services of the two channels.
The French Superior Audiovisual Council considers that it would be inappropriate for the Boards of Directors to intervene in this area, which is the responsibility of the channels' management.
The Conseil also considers that limiting the diffusion of messages promoting the programs of public channels is not an objective in itself. It is indeed legitimate for a television service to inform viewers about the programs it is about to show, without there being any need to set an a priori limit on the duration of this type of information.
As for the programming of messages promoting goods and services published by the two channels, they must under no circumstances take place outside advertising screens, failing which they would be considered as surreptitious advertising. The French Superior Audiovisual Council's constant concern to ensure compliance with advertising regulations is to require TV channels to promote goods and services exclusively on advertising screens, including those produced by the channel itself or its subsidiaries.

With regard to program ethics
The French Superior Audiovisual Council welcomes the introduction of a scheme, inspired by the agreements the French Superior Audiovisual Council has signed with TF1 and M6, to protect the identity of persons under 18 in difficult situations.
On the other hand, he deplores the fact that no mention is made of on-air representation of the various components of the national community, which would enable public channels to take greater account of the diversity of origins and cultures that make up contemporary French society.

With regard to audiovisuel production
The Conseil approves the proposed increase in France 2 and France 3's contribution to audiovisual production, which can only strengthen their role in financing the French program industry.
Always concerned to improve the circulation of works and ensure greater fluidity of rights, the Council nevertheless regrets that on this point the draft decree, by not taking up the provisions of professional agreements which made provision for a modulation of the duration of rights by genre, has aligned the duration of France 2's rights with that of France 3.
The duration of rights, the limitation of which is an essential condition for the economic viability of audiovisual works, has been the subject of frequent modifications, as a result of professional agreements and successive reforms of the specifications of public channels.
The Conseil takes this opportunity to point out the unsuitability of the regulatory route for setting obligations that are liable to be modified each year. With regard to contributions to audiovisual production, the Council would like to have the same jurisdiction over public channels as it does over authorized services, as the mixed system does not guarantee equal treatment of broadcasters in the exercise of the French Superior Audiovisual Council's regulatory mission.