Decree no. 2004-1392 of December 22, 2004 on the diffusion of major events
Decree no. 2004-1392 of December 22, 2004 implementing article 20-2 of law no. 86-1067 of September 30, 1986 on freedom of communication, concerning the diffusion of major events.
Article 1
This decree lays down the conditions under which television service editors must ensure exclusive retransmission of events of major importance, so that a significant proportion of the public is not deprived of the opportunity to follow them on a free-to-air television service.
TITLE I
PROVISIONS APPLICABLE TO THE DIFFUSION OF MAJOR EVENTS ON FRENCH TERRITORY
Article 2
For the purposes of this title, the following shall be deemed to be :
a) "Free-to-air television service provider": any publisher of a television service whose financing does not involve user fees and whose broadcasts can be received by at least 85% of households in mainland France;
b) "Restricted-access television service editor": any television service editor who does not meet the two conditions set out in the previous paragraph.
Article 3
The list of events provided for in article 20-2 of the aforementioned law of September 30, 1986 is as follows:
1° Summer and Winter Olympics ;
2° French soccer team matches on the calendar of the Fédération Internationale de Football Association (FIFA);
3° The opening match, semi-finals and final of the Football World Cup;
4° The semi-finals and final of the European Football Championship;
5° The final of the European Football Association (UEFA) Cup, when a sports group registered in one of the French championships is taking part;
6° The final of the Champions League;
7° The final of the French Football Cup;
8° The Six Nations rugby tournament;
9° The semi-finals and final of the Rugby World Cup;
10° The final of the French Rugby Championship;
11° The final of the European Rugby Cup when a sports group registered in one of the French championships takes part;
12° The men's and women's singles finals of the Roland-Garros tennis tournament;
13° The semi-finals and finals of the Davis Cup and Fed Cup when the French tennis team is participating;
14° The French Formula 1 Grand Prix;
15° The Tour de France cycling race for men;
16° The "Paris-Roubaix" cycling competition;
17° The men's and women's finals of the European basketball championships when the French team is taking part;
18° The men's and women's finals of the World Basketball Championships when the French team is taking part;
19° The men's and women's finals of the European Handball Championship when the French team is taking part;
20° The men's and women's finals of the World Handball Championship when the French team is taking part;
21° World Athletics Championships.
Article 4
The exercise by a television service editor, on French territory, of broadcasting rights acquired on an exclusive basis, after August 23, 1997, to one of the events of major importance mentioned in the preceding article may not prevent the broadcasting of this event by a free-access television service, which must then be unabridged and live, except in the following cases:
1° The broadcast of the event mentioned in 15° of article 3 can be limited to significant moments, in accordance with the diffusion usage of this event;
2° Broadcasting of the events mentioned in 1° and 21° of article 3 may be limited to moments representative of the diversity of the sporting disciplines and participating countries, and deferred broadcasting may be provided when events are taking place simultaneously;
3° Deferred broadcasting of events of major importance may also be provided when the event takes place between 0 and 6 a.m. French time, on condition that its diffusion in France begins before 10 a.m.;
The fact that a restricted-access television service editor, whose broadcasts can be received under the conditions set out in Article 2(a) of this decree and who summons payment from users, can show this event live and in its entirety, subject to the above provisions, without subjecting it to special access conditions, is not regarded as an obstacle to the retransmission of an event of major importance by a free-access television service.
Article 5
In order to allow the retransmission of an event of major importance by a free-access television service editor under the conditions laid down in Article 4, a television service editor holding exclusive broadcasting rights for all or part of an event of major importance and who is unable to comply with these conditions must, within a reasonable time prior to the event, make an offer to transfer broadcasting rights to ensure retransmission of the event under the conditions laid down in article 4, using publicity procedures which allow free-access television service editors to be informed. This supply must be made under the provisions of fair, reasonable and non-discriminatory market terms and conditions.
If, in response to this supply, no proposal is made by a television service editor, or if the proposal is not made on fair, reasonable and non-discriminatory market terms and conditions, the rights holder may exercise the exclusive rights without satisfying the provisions of article 4.
PART II
SCHEMES APPLICABLE TO THE DIFFUSION OF MAJOR EVENTS ON THE TERRITORY OF OTHER EUROPEAN STATES
Article 6
The provisions of this Title shall apply to television service editors falling within the competence of France who provide television broadcasting, on the territory of another State which is a member of the European Union, a party to the Agreement on the European Economic Area or a party to the European Convention on Transfrontier Television, of an event designated by that State as being of major importance for the society of that country within the meaning of the provisions of Directive 89/552/EEC of 3 October 1989 referred to above, and who have acquired the broadcasting rights to this event after 23 August 1997.
Article 7
Television service editors falling within the competence of France shall exercise, in a State referred to in Article 6, the broadcasting rights acquired in respect of an event of major importance, as defined by that State, in a manner which does not deprive a substantial proportion of the public of the possibility of following such events, live or deferred, on a free television service within the meaning of the provisions of Article 3a of the aforementioned Directive of 3 October 1989.
Article 8
Where a television service editor falling within the competence of France retransmits an event of major importance in one of the States referred to in Article 6, he must satisfy the conditions laid down by that State for the retransmission of the event by the television service editor.
TITLE III
FINAL PROVISIONS
Article 9
Referred to by a television service editor or on its own initiative, the French Superior Audiovisual Council may issue an opinion on the conditions of application of the provisions of the present decree.
Article 10
A subsequent decree by the Conseil d'Etat will establish the list of events of major importance and the conditions for their televised broadcasting in overseas France, Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and the Wallis and Futuna Islands, taking into account the specific characteristics of each of these regions and the particularities of televised diffusion in overseas France.
Article 11
The Minister for Culture and Communication and the Minister for overseas France are each responsible for the execution of this decree, which will be published in theJournal officiel de la République française.