Circular letter of July 24, 1995 concerning the awarding of prizes in gaming programs or competitions

Having noted that the diffusion of games and competitions on TV channels was increasingly contributing to the promotion of goods and services, and was therefore tending to drift towards surreptitious advertising, prohibited by article 9 of decree n°92 280 of March 27 1992, the French Superior Audiovisual Council decided, after deliberation on January 10 1995, to send all broadcasters a circular letter reminding them that article 18 III, paragraph 3, of the above-mentioned decree must be scrupulously respected.

The presentation of products or services during games and competitions must comply with the conditions laid down in the third paragraph of article 18 Ill of the decree of March 27 1992: "However, when sponsorship is intended to finance a gaming or competition program, the sponsor's products or services may, provided they are not the subject of any advertising argument, be given free of charge to private individuals as prizes".

As of February and March, a number of companies had asked to be interviewed by the Conseil, in order to share their observations, as requested by the Conseil in its notice.

Acknowledging the merits of some of the proposals made at these hearings, the Board decided on July 11, 1995 to amend the letter sent to you last January, and to inform you of the interpretation it now intends to give to the existing regulations.

It goes without saying that the following clarifications are intended to enlighten broadcasters on the guidelines which guide the Conseil in its mission to apply the regulations, and are obviously not exclusive of assessments on a case-by-case basis.

1) With regard to gaming or competition programs as such :

- gaming or competition programs must be identifiable as such. This is achieved in particular through the diffusion of opening and closing credits;

- products and services awarded as prizes must only come from companies listed as sponsors of the programs;

- products or services not originating from the sponsor may be offered, provided that no brand name is mentioned or displayed;

- no selling points or inducements to purchase may accompany the presentation of prizes, failing which, in addition to the aforementioned article 18 III, article 18 II of the decree will be infringed. In this respect, the practice of inviting viewers to purchase a press title, of which a contract constitutes the prize, in order to obtain clues enabling them to take part in a contest under the best possible conditions, is particularly prohibited.

The Conseil reminds you that, in its view, gaming programs include, on the one hand, programs involving the participation of candidates physically present on a set, and on the other, interactive programs whose course and content are influenced, under live conditions, by viewers. Programs other than interactive ones, in which viewers alone take part, constitute competition programs.

2) With regard to game or contest sequences shown on non-game or non-contest programs :

- if the Conseil is prepared to treat such programs as gaming programs within the meaning of the aforementioned article 18 III, they must include one or more gaming sequences, as defined above;

- the products and services provided during these gaming sequences must come from advertisers who sponsor the program, rather than the sequences themselves. Under the provisions of article 17 of the decree of March 27, 1992, only programs may be sponsored;

- on the other hand, the inclusion of a competition in a program does not constitute a competition program. As a result, prizes promised or awarded as part of the contest cannot be viewed, but only announced, punctually and discreetly, as coming from the sponsor of the program.

3) With regard to gaming or contest modules attached to or independent of any program :

- In the Council's view, the sole purpose of program-independent modules is to promote goods or services, and artificial packaging of these modules is not likely to restrict their promotional nature. As they constitute surreptitious advertising, they should no longer be shown;

- On the other hand, the Council is prepared to classify as a competition program, within the meaning of article 18 111, paragraph 3, of the aforementioned decree, a module attached to a program, provided that it includes opening and closing credits, that it is attached to a program, that the question(s) asked are related to that program and that the program and the module are sponsored by the same advertiser;

The French Superior Audiovisual Council will ensure strict compliance with the regulations as clarified by the present notice as of September 1, 1995.