Deliberation No. 2017-20 on the conditions for the contribution of television services showing sports programmes to the fight against doping and the protection of persons practising physical and sports activities.
The French Superior Audiovisual Council,
Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular article 20-3;
After deliberation,
Decides:
Law no. 2012-158 of February1, 2012 aimed at strengthening sports ethics and athletes' rights amended article 20-3 of law no. 86-1067 of September 30, 1986 relating to freedom of communication, which now states that: " Television services that show sports programs contribute to the fight against doping and to the protection of people practicing physical and sports activities by showing programs relating to these subjects. The French Superior Audiovisual Council sets the conditions for the application of this article ".
After conducting a cycle of hearings with institutions in charge of preventing and combating doping and defending sporting ethics, as well as with all TV service editors showing sports programs, on June 26, 2012 the Council adopted a deliberation setting the terms and conditions for the diffusion by TV channels of programs concerning the fight against doping and the protection of people practicing physical and sporting activities.
Four years after the adoption of this deliberation, the Board initiated a review to develop certain provisions in order to better meet the public policy objectives pursued by law no. 2012-158 of February1, 2012.
To this end, in May and June 2016 it held a series of hearings with representatives of the authorities, television service editors (whether or not dedicated to sport, but who show sports programs) and players from the sporting world. A wide-ranging consultation meeting was then organized on December 6, 2016, with the aim of enabling television publishers to gain a better understanding of the public health challenges and to come up with consensual proposals between the various stakeholders.
The purpose of the present deliberation is to specify the terms and conditions for the diffusion of programs concerning the fight agains doping and the protection of people practicing physical activities and sports.
Art.1.- Scope of application
This resolution applies to all national and local television services, whether free or pay, that show sports programs (including sports broadcasts, sports magazines and sports documentaries).
Art. 2 - Contribution terms and conditions
Each publisher contributes to the fight against doping and to the protection of people practising physical and sporting activities, by showing programmes on these subjects every year and by covering each of these themes at least once.
Sections or sequences lasting at least two minutes are considered to be programs within the meaning of the present resolution.
The publisher must ensure that at least one of these programs has never before been shown on air.
These programs must be shown between 7 a.m. and midnight, at various times.
Programs promoting the fight against doping must provide information on cases and practices of doping, but must also shed light on the means to fight it, in particular by informing viewers of the actions taken by authorities such as the French Anti-Doping Agency, the sports movement and the relevant government departments.
Programs for the protection of people taking part in physical activity and sport must be educational and preventive in nature, addressing the ethical, health, physiological, psychological and social consequences of doping and doping-related behavior. They are based on medical, legal, sociological and technical knowledge.
The publisher takes care to address issues relating to doping and the protection of those involved in physical activity and sport:
- in professional practice ;
- in amateur, university and school sports;
The publisher raises awareness among the general public and, wherever possible, diversifies the formats and programme types promoting the fight agains doping and the protection of people practising physical activities and sports. These programs can be :
- general news or sports programmes ;
- on set or image magazines; - documentaries;
- short programs ;
- television or film drama;
- animation;
- entertainment programs.
The publisher adapts its contribution to the audience categories targeted by its programs, in terms of age (adults, teenagers, children). Particular care is taken to ensure that these themes are dealt with in programs aimed at youngsters, focusing on the promotion of sporting activities and the transmission of educational values, emphasizing respect for the rules (of the game, of the arbitrator, etc.) and highlighting the role of physical training and educators. This contribution could be shown as part of a joint campaign. It would be best to show it during a period of the year when it would have the greatest impact, such as the back-to-school period.
The publisher will endeavor to make its programs dealing with the themes available on its catch-up TV platform, and to relay its contribution on its institutional and general public communication tools, notably websites and publications aimed at subscribers in the case of pay TV channels.
The French Superior Audiovisual Council invites the groups to ensure the circulation of programs between the publishers they control and which are subject to the present deliberation.
Art. 3 - Implementation of the contribution and monitoring of performance
Each year, in its report on the fulfillment of its obligations and commitments for the previous year, the publisher provides the Council with an assessment of its contribution to the fight against doping and to the protection of people practicing physical and sports activities.
By way of derogation, the first report (for 2017) will cover the period of application from the entry into force of the present resolution.
Art. 4 - Final provisions
The present deliberation will be effective from June1, 2017.
Deliberation no. 2012-26 of June 26, 2012 relating to the conditions of contribution of television services showing sports programs to the fight against doping and the protection of persons practicing physical and sports activities will be abrogated on the same date.
The Board will review the application of the present resolution after two full financial years following its entry into force.
The present resolution will be published in the Official Journal of the French Republic.
Paris, May 17, 2017.
For the French Superior Audiovisual Council :
Le président,
O. Schrameck