Decree no. 92-1188 of November 5, 1992, as amended, on the diffusion of cinematographic and audiovisual works in overseas France.

Décret n° 92-1188 du 5 novembre 1992 pris pour l'application des articles 27 et 70 de la loi n° 86-1067 du 30 septembre 1986 modifiée relative à la liberté de communication et fixant les principes généraux définissant les obligations concernant la diffusion des oeuvres cinématographiques par l'organisme du secteur public et les services de communication audiovisuelle diffusés en clair par voie hertzienne terrestre ou par satellite dans les départements et territoires d'overseas France et dans les collectivités territoriales de Saint-Pierre-et-Miquelon et de Mayotte.
(JO of November 7, 1992)
modified by :
- decree no. 2009-1271 of October 21, 2009(JO of October 22, 2009)

Article 1

The diffusion of cinematographic works by television service editors broadcast free-to-air by terrestrial hertzian or satellite means in the overseas France departments and territories and in the territorial collectivities of Saint-Pierre-et-Miquelon and Mayotte is governed by the following schemes.

Article 2

The maximum annual number of broadcasts or reruns of feature-length cinematographic works is 192 for each channel of the organization mentioned in article 1 of this decree and for each television service. It is increased by a maximum of fifty-two additional works for reruns taking place entirely before 7.30pm.
For each calendar year, the maximum annual number of diffusions or reruns occurring in whole or in part between 7:30pm and 9:30pm is set at 144.
The maximum number of diffusions and reruns mentioned in the present article is, for the period of 1992 subsequent to the entry into force of the present decree, calculated on a pro rata basis for the period remaining until December 31, 1992.

Article 3

No feature-length films will be shown on Friday evenings, with the exception of "ciné-club" films shown after 9:30 p.m., and all day Saturday and before 7:30 p.m. Sunday.

Article 4

No cinematographic work will be shown less than three years after obtaining the operating license. In the case of cinematographic works co-produced by the organization or services referred to in Article 1, or which are transferred to them free of charge by another organization or television service which has co-produced these works, the period between the operating licence and the date of first on-air diffusion shall be fixed by agreement between this organization or these services and the co-producers, but may not be less than two years.
In the light of the results of theatrical release, the above-mentioned deadlines may be reduced by derogation granted by the Minister of Culture, after consulting a commission set up by the Centre national de la cinématographie, but may not be less than eighteen months after the release date.

Article 5

The definitions contained in Title I and the rules for assimilation to works of original French expression laid down in Article 11 of the aforementioned decree of January 17, 1990 are valid for the application of the present decree.

Article 6

The obligations to broadcast cinematographic works laid down in article 7 of the aforementioned decree of January 17, 1990 are applicable to the organization and services referred to in article 1 of the present decree.
These obligations to broadcast must be respected during peak listening hours.
Works broadcast in whole or in part between 7:30pm and 9:30pm are considered to be broadcast during prime time.