Deliberation no. 2014-17 of March 5, 2014 amending notice no. 2005-5 of June 7, 2005 to television service editors concerning youth signage and the classification of programmes.

French Superior Audiovisual Council,

Having regard to Law no. 86-1067 of September 30, 1986 on freedom of communication, in particular articles 1, 3-1 and 15;
Having regard to recommendation no. 2005-5 of June 7, 2005 from the Conseil to television service editors concerning youth signage and program classification, amended by deliberation no. 2012-57 of October 23, 2012;
After deliberation,
Decides :

Article 1

Article 1 of the above-mentioned notice of June 7, 2005 is replaced by the following provisions:
"The editor shall ensure that, between 6 a.m. and 10 p.m., violence, including psychological violence, cannot be perceived as continuous, presented as the only solution to conflicts or expressed in an exacerbated manner.
In compliance with the classification scheme, programs dealing with historical or controversial subjects may be shown before 10 p.m., provided the publisher makes provision for educational support beyond the mere written or oral warning, with the aim of contextualizing scenes likely to offend persons under 18.
The editor takes the necessary precautions when images that are difficult to sustain, or testimonies relating to particularly dramatic events, are shown in the news, news programmes or other programs on the programme. In such cases, the public must be warned in advance."

Article 2

The fifth paragraph of article 2 of the aforementioned notice is replaced by the following provisions:
"- category III (round white pictogram with a black -12 inlay): cinematographic works forbidden to persons under 18, as well as programs likely to disturb persons under 18, particularly when the program makes repeated use of physical or psychological violence;" ;

Article 3

Article 3 of the above-mentioned notice is replaced by the following provisions:
"The publisher shall comply with the following programming conditions, for each of the categories set out in Article 2 of this notice:
- category II: the times of diffusion of these programs are left to the discretion of the publisher, it being understood that this diffusion may not take place during programs intended for children;
- Category III: for cinema channels and pay-per-view services, these programs may not be shown on Wednesdays before 8:30 p.m. For other television services, these programs may not be shown on Wednesdays before 8:30 p.m.. For other television services, these programs may not be shown before 10 pm. Exceptionally, programmes in this category may be shown after 8:30 p.m., except on Tuesdays, Fridays, Saturdays, the eve of public holidays and during school vacations. These exceptional diffusions may not exceed sixteen programs per year, including a maximum of four cinematographic works forbidden in cinemas to persons under 18, and are authorized subject to compliance with the first paragraph of article 1 of this same notice;
- category IV: reserved for a warned public, these programs can only be shown after 8:30 p.m. on cinema channels and pay-per-view services, and after 10:30 p.m. on other TV services;
- category V: diffusion of these programs is subject to compliance with notice no. 2004-7 of December 15, 2004, published in the Journal Officiel of December 23, 2004.
Programs that offend human dignity, in particular those depicting sexual violence and perversions, degrading to the human person or leading to his or her degradation, are prohibited from all diffusion. The same applies to pornographic programs featuring persons under 18, as well as to programs of extreme or gratuitous violence."

Article 4

Article 4 of the above-mentioned notice is replaced by the following provisions:
"The information mentioned in article 2 must be brought to the attention of the public at the time of diffusion of the program concerned, in the trailers as well as in the previews communicated to the press.

During program diffusion, this signage will be presented on-air as follows:

a) For category II programs :
The pictogram will be present on screen for the duration of the program's diffusion. The words "not recommended for children under ten" must appear either at the bottom of the screen, in white, for at least one minute at the start of the program, or in full screen, before the program is shown, for at least twelve seconds;

b) For category III programs:
The pictogram will be present on screen for the duration of the program's diffusion. The words "not recommended for persons under 12" or, where appropriate, the words "prohibited for persons under 18", assigned by the Minister of Culture, must appear on air, in white, for at least one minute at the start of the program, or full-screen, before the program, for at least twelve seconds;

c) For category IV programs:
The pictogram will be present on screen for the duration of the program's diffusion. The words "not recommended for persons under 18" or, where appropriate, the mention of the ban on persons under 18, awarded by the Minister of Culture, must appear on air, in white, for at least one minute at the start of the program or full screen, before the program, for at least twelve seconds;

d) For category V programs:
The pictogram will be present on screen for the duration of the program's diffusion. The words "not recommended for persons under 18" or, where appropriate, the words "prohibited for persons under 18", assigned by the Minister of Culture, must appear on air, in white, for at least one minute at the start of the program, or full-screen, before the program, for at least twelve seconds.

This signage does not exempt the publisher from complying with the provisions of decree no. 90-174 of February 23, 1990, as amended, relating to the prior warning of the public, both when cinematographic works forbidden to persons under 18 are being shown, and in the trailers for such works."

Article 5

An article 5 entitled "Other programs" is inserted following article 4 of the above-mentioned notice, worded as follows:

"1. Trailers :
the pictogram of the category in which the program is classified appears throughout the duration of the trailer. Trailers must not include scenes likely to offend youngsters. The publisher pays particular attention to trailers for category II programs shown on or near children's programs. Trailers for category III programs may not be shown in close proximity to children's programs. Trailers for category IV programs may not be shown before 8:30 p.m."

2. Music videos :
In view of their brevity and the absence of trailers prior to their diffusion, music videos are exempt from systematic signage. However, signs should be used to warn the public of programs that include music videos with themes that are not aimed at children or teenagers. In the case of music videos likely to offend youngsters, the publisher will endeavor to show them after 10 p.m.".

Article 6

The last article of the above-mentioned notice is renamed "Article 6 - Annual campaign".

Article 7

The present decision will be published in the Official Journal of the French Republic.


Paris, March 5, 2014.
For the French Superior Audiovisual Council :
Le président,
O. Schrameck