Deliberation of December 4, 2007 on the use of condoms in pornographic programs shown on television services
Under the provisions of article 3-1 of the amended September 30, 1986 law on freedom of communication:"The French Superior Audiovisual Council, an independent authority, guarantees the exercise of freedom of audiovisual communication, in terms of radio and television by any electronic communication process, under the conditions defined by the present law [...]. The Council may issue notices to providers of radio and television services [...] concerning abide by the principles set out in the present law [...]".
Under article 1 of this law, the exercise of freedom of communication may be limited to the extent required, in particular, to safeguard public order.
The French Superior Audiovisual Council is responsible for ensuring the prevention of disturbances to public order, one of which is public health. As such, it is responsible for taking measures to prevent the spread of contagious diseases.
In accordance with the Council's notice of December 15, 2004, certain television services are authorized to show pornographic programmes (category V). These programs have a major impact on viewers, particularly youngsters, in that they may reflect the trivialization of sexual behavior.
However, some pornographic programs include scenes in which the actors fail to protect themselves against the risks of sexually transmitted diseases by wearing condoms.
Diffusion of such programs can have serious effects in terms of public health: in addition to the danger to the actors' lives, they trivialize risky behavior among viewers, particularly youngsters.
Consequently, on the basis of article 3-1 of the law of September 30, 1986, the French Superior Audiovisual Council requires television services authorized to diffuse category V programs not to show pornographic programs containing images of sexual relations unprotected by condoms.