Decree no. 2021-793 of June 22, 2021 on on-demand audiovisual media services (SMAD)

Publics concerned: on-demand audiovisual media service editors.

Subject: regime applicable to on-demand audiovisual media services.

Entry into force: the text will be effective from July 1, 2021.

Notice: the decree lays down the rules applicable to on-demand audiovisual media services (SMAD), which include subscription, pay-per-view or free-to-air video-on-demand services and catch-up TV services, in terms of contribution to the production of cinematic and audiovisual works, both European and of original French expression, the exhibition of these same works, and in terms of advertising, sponsorship and teleshopping. It replaces decree no. 2010-1379 of November 12, 2010 on on-demand audiovisual media services.

With regard to production contribution rules, it applies both to SMADs falling within the competence of France and to foreign SMADs targeting France. It means that foreign SMADs targeting France are subject to the same rules on contributions to financing the production of cinematographic and audiovisual works as those applying to services falling within the competence of France. In so doing, it implements the option offered to EU Member States by Directive 2018/1808 to apply their production contribution regime to foreign services targeting them, as an exception to the country-of-origin principle, which makes provision for the application of the regulations of the country in which the services are established. This option was included in article 43-7 of the aforementioned law of September 30. References: the decree is issued mainly for the application of article 33-2 of law no. 86-1067 of September 30, 1986 on freedom of communication as amended by order no. 2020-1642 of December 21, 2020 transposing directive 2018/1808 "audiovisual media services" of November 14, 2018. It can be browsed on the Légifrance website.

Download below in pdf format. decree no. 2021-793 of June 22, 2021 relating to on-demand audiovisual media services.