Deliberation of April 17, 2007 concerning the involvement of persons under 18 in television programmes shown in mainland France and overseas France.
Under article 15 of the amended law of September 30, 1986 on freedom of communication, the French Superior Audiovisual Council is responsible for protecting children and teenagers on television. This protection concerns young viewers, as well as persons under 18 taking part in television programs.
Over the past few months, the Conseil has noted an increase in the number of television programs featuring children and teenagers. This may take the form of participation in reality TV or gaming shows, or testimonies in managers' reports, on-set programs or documentaries.
While it is very important for persons under 18 to be able to take part in television programs, the Council is nevertheless concerned about the image of youngsters that results from certain programs depicting children in difficulty, all the more so as it is often very difficult to define the genre of these programs, which oscillate between entertainment and information.
The consent of parents, or even their participation in the program, does not absolve television services of their responsibility in the organization of the program and in the treatment in images of the person under 18 who takes part.
In order to respect the person of the child and his or her particular fragility, it is important that the technical medical, psychological or legal terms used to qualify the difficulties of these minors (illnesses, violence suffered or experienced, family problems, etc.) are not presented as summing up their identity.
As part of its Protection of Young Audiences and Program Ethics working group, the Conseil brought together a group of experts (child psychiatrists, specialized educators, magistrates, lawyers, representatives of the Collectif inter-associatif Enfance et Médias, Défenseur des enfants, etc.) who viewed numerous examples of these programs and confirmed the Conseil's determination to specify the ethical rules that should govern them.
The participation of persons under 18 in cinematographic or audiovisual dramas is governed by the French Labor Code. It is subject to prior approval by the Commission des enfants du spectacle. For other programs shown on television, there is no comparable scheme.
In order to ensure the effective protection of person under 18s against the dangers that their participation in a television program may represent, the Board has decided to adopt the present resolution, on the basis of the last paragraph of article 3-1 of the law of September 30, 1986. In line with the stipulations of the Convention, it aims to clarify the schemes that are binding on all French television services to protect the physical, mental and moral development of youngsters taking part.
1. The development of person-under-18 participation in television programs
In accordance with article 13 of the New York Convention on the Rights of the Child, children have the right to freedom of expression. The French Superior Audiovisual Council encourages the development of programs in which children and teenagers can express their opinions on subjects that concern them, or in which concrete, positive actions they have accomplished or in which they have participated are discussed.
2. Consent of parents and persons under 18
Any participation by a person under 18 in a television program is subject to the prior authorization of all holders of parental authority, as well as the consent of the minor himself/herself, provided he/she is capable of discernment (article 371-1 of the French Civil Code). The parents and the person under 18 must be informed of the subject of the program, its title and purpose, at the time they give their consent. Parents and guardians must also be informed, in writing and in detail, that they have a right of withdrawal, in accordance with the conditions laid down in regulations and case law.
3. Processing the testimony of a person under 18
In order to preserve the physical, mental, moral and emotional development of children and teenagers, television services, in addition to respecting the dignity of the human person, must avoid dramatization or derision in the treatment of the testimony of minors. Filming conditions and the questions asked must be adapted to the age of the children.
The involvement of a person under 18 in a television program must not be detrimental to his or her future, and in particular must safeguard his or her prospects for personal development.
4. Protecting the identity of certain persons under 18
Television services must refrain from soliciting the testimony of a person under 18 in a difficult situation in his or her private life where there is a risk of stigmatization after the show has been broadcast, unless the person's identity (face, voice, name, address, etc.) is fully protected by an appropriate technical process that prevents identification.
When depreciatory remarks, testimonials or comments evoking behaviors or pathologies whose public revelation is likely to harm a person under 18 are made on air, the identity of the person under 18 must be protected by the same technical procedures.
5. A charter specific to each television service
As with most institutions (medical, educational, extracurricular, etc.) that receive children, the French Superior Audiovisual Council demands that the participation of persons under 18 in programs be governed by a charter specific to each television service. This charter must apply to all programs shown by the channel and involving persons under 18.
It defines the conditions for respecting children's sensibilities. It lays down the conditions for the stay of persons under 18 on the premises concerned, making provision for specific safety and surveillance measures and, if necessary, for the child to be accompanied by a health professional.
This charter is appended to the authorizations signed by the holders of parental authority.