Decree no. 94-972 of November 9, 1994 defining the obligations relating to access to local advertising and local sponsorship (radio stations)-V. consolidated

Décret n°94-972 du 9 novembre 1994 pris pour l'application du 1° de l'article 27 de la loi n°86-1067 du 30 septembre 1986 relative à la liberté de communication et définissant les obligations relatives à l'accès à la publicité locale et au parrainage local des éditeurs de services de radio diffusés par voie hertzienne terrestre en application des articles 29, 29-1 et 30-7 de la même loi

- Consolidated version as of decree no. 2008-906 of September 5, 2008 - in French only.

Article 1
Providers of radio services broadcast by terrestrial radio in application of articles 29, 29-1 and 30-7 of the aforementioned law of September 30, 1986, who devote at least three hours of diffusion each day between 6 a.m. and 10 p.m. to programs of local interest, may show local advertising messages.

Article 2
For the purposes of Article 1, local news programmes are deemed to be programmes of local interest if they are shown in an area with a population of less than six million and are produced locally by local staff or services directly paid for by the licensee, local service programs, programs devoted to local expression or life, radio dramas and musical programs whose composition or animation are of a local nature, as well as all programs produced and broadcast locally by the service editor for educational or cultural purposes.

Article 3
Any advertising message showing an explicit local address or identification by the advertiser is considered local advertising if it is shown in an area with a population of less than six million.

Article 4
The time taken to show commercials does not count towards the daily duration of local-interest programme broadcasts as stipulated in article 1 of this decree.

Article 5
Service editors may insert local advertising messages in all the programs they show. Their maximum duration of diffusion per twenty-four hour period may not exceed 25% of the duration of programs of local interest.

Article 6
Providers of radio services as defined in Article 1 may show locally-sponsored programmes in programmes of local interest, with an explicit local address or identification by the sponsor.

Article 7
The provisions of this decree shall apply from the date of its publication to providers of radio services applying for their first authorization or for the renewal of a previous authorization.
For other providers of radio services, they apply from the first day of the fourth month following publication of this decree. Agreements concluded with these services in application of article 28 of the aforementioned law of September 30, 1986 will be adapted, where necessary, before this date.