Deliberation of December 4, 2007 on incentives to use premium-rate SMS or telephone services
On March 5, 2002, the French Superior Audiovisual Council (Conseil supérieur de l'audiovisuel), having noted the development on television services, outside advertising screens, of incentives to use premium-rate SMS or telephone services, in particular with a view to taking part in a competition, applying for a job, voting or giving evidence, adopted a notice framing these incentives to prevent them from being qualified as surreptitious advertising prohibited by article 9 of the decree of March 27, 1992.
Since 2002, with the proliferation of programs encouraging the use of SMS or premium-rate telephone services, some of the notice's provisions have proved difficult to apply. In addition, it was deemed necessary to strengthen public protection against the risks that could result from the development of these programs. The French Superior Audiovisual Council has therefore decided, on the basis of article 3-1 of the law of September 30, 1986, to issue the present notice, which replaces the notice of March 5, 2002.
1. General terms and conditions
Pursuant to article 9 of the decree of March 27, 1992, the French Superior Audiovisual Council accepts incentives to use premium-rate SMS or telephone services subject to compliance with three cumulative conditions:
- the call to a premium rate service must be a direct extension of the program being shown;
- the surcharged service must be directly related to the program to which it refers, and must complement it;
- the referral must only appear on air occasionally and discreetly.
2. Protecting viewers
In accordance with article 14 of the decree of December 3, 1987, television services must ensure that viewers are fully informed of the cost of communications. This cost must be brought to the attention of viewers under the same conditions as the SMS or telephone service details. If the cost is shown on screen, it must be in the same font as the service number.
Whenever possible, the Council would like viewers to be offered the possibility of registering by other, less expensive means than premium SMS or telephone services, in particular via an Internet connection not subject to specific billing.
In addition, where viewers are encouraged to take part in televised gaming via a premium-rate SMS or telephone service, television services must ensure that viewers are genuinely protected.
Under the provisions of article L. 111-1 of the French Consumer Code,"Any professional selling goods or providing services must, before the conclusion of the contract, enable the consumer to know the essential characteristics of the goods or service". Thus, when viewers are prompted to summon a premium-rate service as part of a game show, the on-air presentation must not have the effect of misleading them as to their real chances of winning. With this in mind, the television service must clearly inform viewers about the progress of the game, specifying in particular whether there is a draw between the participants.
At the French Superior Audiovisual Council's request, television services must provide all information relating to the number of winners and their identities.
To ensure that gaming programmes comply with the law on games of chance (law of May 21 1836), viewers must be clearly informed of the possibility of obtaining reimbursement of communication and correspondence costs incurred. This information must be brought to their attention under the same conditions as the contact details for the SMS or telephone service. In the case of on-screen registration, it must be displayed in characters identical to those of the service number. This information must also be provided directly at the time of connection to the premium rate service, prior to any actual participation in the game.