December 15, 2004 notice to television service editors and distributors showing category V programs in mainland France and overseas France

The principles set out in articles 1 and 15 of the amended law of September 30, 1986 on freedom of communication, which entrusts the French Superior Audiovisual Council with the task of ensuring the protection of children and adolescents, require that youngsters be protected from programs likely to have harmful effects on them.

To this end, the French Superior Audiovisual Council, in consultation with terrestrial and then cable and satellite broadcasters, has drawn up a scheme based on the classification of programs into different categories. Each category has its own age segment (-10, -12, -16 and -18). The highest category is V, defined as"cinematographic works forbidden to persons under 18, as well as pornographic or extremely violent programs, reserved for a warned adult audience and likely to harm the physical, mental or moral development of persons under 18". The significant increase in the number of such programs being diffused, the finding, based on audience ratings, that a significant number of minors are exposed to them, and the highlighting of their negative effects, notably by several official reports (1), have heightened awareness of their highly harmful effects on children and teenagers.

The present notice, issued in application of articles 1 and 15 of law no. 86-1067 of September 30, 1986 as amended, therefore governs the diffusion of category V programs. It cancels and replaces the deliberation of March 25, 2003 and notice no. 2003-4 of October 21, 2003.

I - THE DIFFUSION AND MARKETING OF CATEGORY V PROGRAMS

A/ Services authorized to show category V programs

Without prejudice to individual examination of requests, the French Superior Audiovisual Council only authorizes the diffusion of Category V programs by services that are subject to special access conditions and that :
- have been granted the status of "cinema" channel, which entails specific investment obligations;
- have signed up to a high level of commitment to production, equivalent to that of "cinema" channels;
- or are "pay-per-view" services, provided they offer special guarantees limiting access to persons under 18.

The French Superior Audiovisual Council also ensures that the number of diffusions of category V programs on each of the television services concerned is limited by including a maximum number of diffusions in each agreement.

B/ Diffusion times

Category V programs can only be shown between midnight and 5am.

C/ Promotional supplies

Category V programs may not be made available as part of promotional managers to people who have not chosen to get a contract with the service and have access to these programs.

D/ Marketing of certain services showing category V programs

When a commercial supply includes one or more services, other than pay-per-view, showing more than 208 category V programs per year (i.e. an average of 4 per week), a supply not including this or these service(s) must be offered under commercial conditions that do not favor the overall supply including these programs.

Category V programs offered on pay-per-view services may only be sold individually.

II - SCHEMES TO PROTECT PERSONS UNDER 18

A/ For analog services

As of January 1, 2006, television services broadcast in analog mode are received without access to category V programs, unless the subscriber (whether a new contract or an existing subscription) has explicitly chosen, in writing, to receive the overall supply including these programs. This supply must not be offered on more favorable commercial terms than that which does not include category V programs.

B/ For digital services

1. Requirements for effective blocking of category V programs

After carrying out a series of technical tests in 2003 and 2004, the French Superior Audiovisual Council considers that, to be effective, locking must meet the following six criteria:
a) In addition to controlling access to the service, Category V programs must be subject to a specific locking system linked to their category, as soon as they are used for the first time and without the need for user intervention. This lock, managed directly at the decoder level, must make it impossible to access category V programs without entering a personal code, and must be accompanied by the following message: "This program is locked because it is harmful to persons under 18".
b) Access to category V programs must be re-locked whenever the broadcast context changes (channel change, standby, decoder shutdown, decoder or card change). The lock must be activated when each new category V program is shown.
c) The locking scheme must be perfectly synchronized with the category V program and active throughout its duration.
d) The personal code must include at least four digits (except 0000), not visible on the screen.
e) The personal code must be used exclusively for this purpose.
f) The subscriber must not be able to deactivate the locking scheme.
Criteria a) to d) must be met by distributors by January 1, 2005; criterion e) must be met by January 1, 2008 at the latest, and criterion f) by January 1, 2006 at the latest.

2. Transitional period

Until January 1, 2008, television services, with the exception of pay-per-view services, containing Category V programs are received without access to Category V programs if the subscriber (whether a new or existing subscriber) has not explicitly chosen, in writing, to receive the overall supply containing these programs. The supply must not be offered on more favorable commercial terms than that which does not include category V programs. The subscriber's choice must have been made no later than January 1, 2006.
However, distributors will be exempt from this obligation if, before January 1, 2008, they send the French Superior Audiovisual Council a declaration attesting to the compliance of all their terminals with the six criteria defining the effectiveness of blocking set out in 1. of B of II.
If the Conseil, following regular technical tests, finds that a locking scheme which has been the subject of such a declaration does not comply with one of the aforementioned criteria, it shall inform the distributor of the loss of the benefit of this exemption, after having given the distributor the opportunity to present its observations. Where appropriate, it may also implement the proceedings provided for in articles 42 and 42-1 of the amended law of September 30, 1986.

III - INFORMATION

A/ Subscriber information

The effectiveness of the blocking scheme also depends on subscribers' awareness of the risks to persons under 18 of accessing category V programs, and on their understanding of the technical procedures involved.

For this reason, the French Superior Audiovisual Council considers that distributors and publishers should regularly remind subscribers, through the various communication media at their disposal (subscriber newsletter, website, etc.), of the following:
- the existence of a locking scheme and how it works, described in the simplest, clearest terms possible;
- the need to create a personal access code for category V programs, even if they do not intend to viewed these programs, and to maintain confidentiality;
- the lasting harm that viewing category V programs can cause to minors, and the legal sanctions applicable to anyone who allows minors to access such programs (article 227-22 of the French Penal Code).
This information must also be included in the subscription contract for a supply that includes category V programs, and on any document enabling a subscriber to access such supplies.

At the time of diffusion of category V programs, the following must be indicated:
- the classification of the locked program (-18 years),
- the harmfulness of these programs for persons under 18, and the legal sanctions applicable to anyone who allows minors to access such programs (article 227-22 of the French penal code).

B/ Information from the French Superior Audiovisual Council

Each year, the publishers and distributors concerned provide the French Superior Audiovisual Council with a report on the implementation of the measures taken to prevent youngsters from accessing category V programs, and on the communication measures taken to inform subscribers, in accordance with the French Superior Audiovisual Council's notices. This report shall specify any difficulties encountered in implementing the blocking scheme.

This notice will be published in the Official Journal of the French Republic.


(1) The report submitted in May 2002 by the Collectif interassociatif Enfance et médias to the Minister for the Family, Children and the Disabled, the report submitted in November 2002 by Ms Kriegel to the Minister for Culture and Communication, and the report submitted in December 2002 by Ms Brisset, Défenseure des enfants, to the Minister of Justice.

Browse the complete dossier on the protection of persons under 18 in the audiovisual media.