Deliberation no. 2018-14 of April 25, 2018 relating to the commitments of radio services for the application of 2° bis of article 28 of law no. 86-1067 of September 30, 1986 relating to freedom of communication as amended.

Under the provisions of article 28 of law no. 86-1067 on freedom of communication, as amended by article 35 of law no. 2016-925 of July 7, 2016 on freedom of creation, architecture and heritage, the agreement of an authorized radio service covers in particular:

"2° bis. The substantial proportion of musical works of French expression or performed in a regional language used in France, which must reach a minimum of 40% of songs of French expression, at least half of which must come from new talent or new productions, shown at significant listening times by each of the radio services authorized by the French Superior Audiovisual Council, for the portion of its programs composed of variety music.

By way of derogation, the French Superior Audiovisual Council may authorize the following proportions for specific formats:

• either for radio stations specializing in the promotion of musical heritage: 60% French-language titles, including a percentage of new productions of up to 10% of the total, with a minimum average of one title per hour;
• or, for radio stations specializing in promoting youngsters: 35% French-language titles, with at least 25% of the total coming from new talent;
• or, for radio stations specializing in musical discovery that show at least a thousand different titles in a given month, at least half of which are new productions, with each of these titles being shown no more than a hundred times over the same period: 15% new French-language productions or new French-language talent.

For the application of the first and fourth paragraphs of this 2° bis, the French Superior Audiovisual Council may, for services whose music programs make up a significant proportion of the programming, reduce the minimum proportion of French-language titles, taking into account the originality of the programming and the substantial and quantified commitments made by the radio station in terms of musical diversity, without this proportion being less than 35% and 30% respectively. These commitments, applicable to all of the service's musical programming during peak listening hours, cover the rate of new productions, which may not be less than 45%, the number of reruns of the same title, which may not exceed 150 per month, as well as the number of titles and artists diffused, and the diversity of phonogram producers. The terms and conditions of these commitments are set by the French Superior Audiovisual Council in a decision taken after public browse."

The French Superior Audiovisual Council conducted a public consultation from November 26 to December 20, 2016. Following this consultation, the French Superior Audiovisual Council adopted the following decision at its meeting on April 25, 2018:

Definitions

Article 1

For the purposes of article 28, 2° bis of the amended law no. 86-1067 of September 30, 1986 on freedom of communication and articles 8 to 10 of the present deliberation, the definitions in articles 2 to 7 are retained.

Article 2

A song is any track in which more than half the duration is text. A chanson d'expression française is defined as any song of which more than half the duration is text, with lyrics performed in French or in a regional language used in France.

Article 3

For the purposes of monitoring compliance with commitments made in application of article 28, 2° bis of law no. 86-1067 of September 30, 1986 on freedom of communication, as amended, including those mentioned in article 10 of the present resolution, only musical titles with a diffusion duration of at least two minutes are taken into account, as well as those with a duration of less than two minutes when they are shown in their entirety.

Article 4

Significant listening hours are defined as 6:30 a.m. to 10:30 p.m. Monday to Friday, and 8 a.m. to 10:30 p.m. Saturday and Sunday.

Article 5

New production means any track, whether or not extracted from an album, for a period of nine months as of its date of first diffusion on a radio station, if it receives at least three weekly airings for two consecutive weeks.

Article 6

A new talent is defined as any artist or group of artists who, prior to the release of a new title, has not obtained "gold disc" certification for two separate albums, and whose first recording was released no earlier than January 1, 1974.

Article 7

Producer means the person defined in article L. 213-1 of the French intellectual property code. For the purposes of defining the commitment to producer diversity and monitoring compliance with it, two producers are deemed to be distinct, neither of whom belongs to the other nor has capital links with it that would lead to a situation of control within the meaning of article L. 233-3 of the French Commercial Code.

Conditions for granting a reduction in the minimum proportion of French-speaking shares

Article 8

The possibility of benefiting from the reduction in the minimum proportion of French-language titles mentioned in the sixth paragraph of 2° bis of article 28 of law no. 86-1067 on freedom of communication is open to authorized radio services whose music programs make up at least 50% of programming time at significant listen times, excluding time devoted to advertising, and which have signed up to the commitments set out in the 1st or 4th paragraphs of 2° bis of the aforementioned article 28.

Article 9

The French Superior Audiovisual Council assesses the originality of a radio service's programming on the basis of an array of clues, including in particular the promotion of titles, artists or musical genres not widely covered by all terrestrially-licensed services, the broadcasting of exclusive titles, and the way in which music and artists are showcased through specific music programs (studio or on-set concert broadcasts, music news columns, regular artist interviews, etc.).

Article 10

The five substantial and quantified commitments made by the radio service in terms of musical diversity relate to :

1° The rate of new productions (French-language or non-French-language), which under the provisions of the law may not be less than 45% per month;

2° The number of reruns of the same title, which, under the provisions of the law, may not exceed 150 per month;

3° The number of different titles shown per month:

• this number may not be less than 540 for radio stations having subscribed to the obligation to show, at significant listening times, on a monthly basis, at least 40% French-language songs, including at least 20% from new talent or new productions;
• this number may not be less than 360 for radio stations having subscribed to the obligation to show, during significant listening hours, on a monthly basis, at least 35% French-language songs, including at least 25% from new talent.

4° The number of different artists shown per month:

• this number may not be less than 340 for radio stations having subscribed to the obligation to show, at significant listening times, on a monthly basis, at least 40% French-language songs, including at least 20% from new talent or new productions;
• this number may not be less than 250 for radio stations having subscribed to the obligation to show, during significant listening hours, on a monthly basis, at least 35% French-language songs, including at least 25% from new talent.

5° The diversity of phonogram producers, assessed by two proportions: the proportion of broadcasts of titles from three distinct producers, on the one hand, and the proportion of broadcasts of titles from a single phonogram producer, on the other:

• the proportion of broadcasts of titles from three separate phonogram producers may in no case exceed 70% of the total number of broadcasts;
• the proportion of broadcasts of titles from a single phonogram producer may not exceed 40% of total broadcasts.

Article 11

If a service complies with all the conditions set out in articles 8 to 10 of this resolution, the minimum proportion of French-language titles broadcast will be reduced by five points of the overall quota. Failing this, the service will not benefit from any reduction.

Article 12

The commitments made by the radio service and the proportions of French-language musical works it must achieve are set out in the service editor's agreement.

Stipulations concerning the reduction in the minimum proportion of French-language titles are effective from the first day of the month following the date of signature by the representative of the French Superior Audiovisual Council.

Information required to demand a reduction in the proportion of French-language titles

Article 13

The radio service requesting to benefit from the reduction in the proportion of French-language titles provided for in the sixth paragraph of 2° bis of the aforementioned article 28 shall submit to the French Superior Audiovisual Council :

• evidence that musical programs make up at least 50% of its programming at significant listening times, excluding time devoted to advertising;
• information on the originality of the programming;
• Substantial and quantified commitments concerning the number of distinct titles shown, the number of distinct artists broadcast, the diversity of phonogram producers, the maximum number of reruns of the same title, and the rate of new productions to which the applicant will subscribe if its application is approved.

Monthly monitoring of compliance with commitments

Article 14

Compliance with commitments made in application of article 28, 2° bis of law no. 86-1067 of September 30, 1986 on freedom of communication, as amended, including those mentioned in article 10 of this resolution, is assessed on a monthly basis.

Final provisions

Article 15

The French Superior Audiovisual Council's press releases of January 19, 1996 and November 10, 2011 are abrogated.

Article 16

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

Paris, April 25, 2018.

For the French Superior Audiovisual Council :
Le président,
N. Curien