Deliberation no. 2020-58 of October 21, 2020 of the French regulatory authority for audiovisual and digital communication relating to the retransmission of mixed martial arts fights on television services and on-demand audiovisual media services (OJ of November 6, 2020) amended by deliberation no. 2020-61 of November 18, 2020 and by deliberation no. 2022-60 of July 13, 2022.

The changes made by deliberation no. 2022-60 of July 13, 2022 appear in bold and underlined.

The French regulatory authority for audiovisual and digital communication,

Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles¹ and 15;

Having regard to recommendation no. 2005-5 of June 7, 2005 to television service editors concerning youth signage and program classification, amended by the deliberation of October 23, 2012 and by the deliberation of March 5, 2014;

Having regard to deliberation no. 2011-64 of December 20, 2011 on the protection of youngsters, ethics and accessibility of programs on on-demand audiovisual media services;

After deliberation,

Decides:

Article¹ of the law of September 30, 1986, states that freedom of communication may be limited to the extent required, in particular, by respect for human dignity, the safeguarding of public order and the protection of children and adolescents. In addition, article 15 of the same law entrusts the French regulatory authority for audiovisual and digital communication with the task of ensuring the protection of children and adolescents, and imposes a duty to protect youngsters from programs likely to have harmful effects on them.

In light of these provisions and the new situation resulting from the Ministry of Sport's order of January 31, 2020 granting the French Boxing Federation the public service delegation provided for in article L. 131-14 of the French Sports Code for mixed martial arts, commonly known as MMA, This delegation was renewed by order of the Ministry of Sports on March 28, 2022, until December 31, 2025, and following extensive consultation with the Ministry of Sports, its committee of experts on youngsters, MMA representatives, audiovisual media service editors and organizers of MMA events and competitions, the French regulatory authority for audiovisual and digital communication has decided to review its position as set out in its notice no. 2005-8 of December 20, 2005 on the retransmission of certain types of fights, by authorizing the retransmission of MMA fights and the diffusion of images of such fights on television and on-demand audiovisual media services, under the following conditions:

Article¹ - Conditions of authorization

Television service editors and on-demand audiovisual media services may broadcast amateur and professional MMA fights taking place in France and governed by the French Boxing Federation, and show images of such fights.

The retransmission by these publishers of MMA fights taking place abroad and the diffusion of excerpts from such fights are only possible only if the rules and techniques used during these fights are comparable to the standards of safety and integrity that the French Boxing Federation endeavors to verify when organizing MMA fights on French territory.

Article 2 - Conditions of diffusion and availability

With regard to broadcasts of MMA fights, in view of the violence and range of blows and techniques authorized in this sporting discipline, the images of which are likely to be impressive, and the resulting risks for youngsters, the French regulatory authority for audiovisual and digital communication requests editors to retain the category IV classification ("not recommended for under-16s") and to retransmit these fights after 10:30 pm on free-to-air linear television services and on-demand audiovisual media services when these fights are made available free of charge, and after 8:30 pm on pay television services and pay-per-view services, without prejudice to the other conditions set out in the notice of June 7, 2005 concerning this category.

In addition, the French regulatory authority for audiovisual and digital communication points out that publishers of television services and on-demand audiovisual media services, when showing or making available excerpts from MMA fights, must comply strictly with the obligations set out in the notice of June 7, 2005 and the deliberation of December 20, 2011. They must adapt the signage and timetable and, in the case of on-demand audiovisual media services, the conditions under which programs containing fight excerpts are made available to the degree of violence and duration of exposure, and must be vigilant in their choice of excerpts, particularly during the day.

Lastly, the French regulatory authority for audiovisual and digital communication summons publishers to exercise vigilance with regard to the use of slow motion when broadcasting MMA fights or fight excerpts.

Article 3 - Educational framework

Television and on-demand audiovisual media service editors accompany MMA fight broadcasts with a scheme to warn and inform the public about the nature of the images (prevention messages, educational modules or programs, etc.). They emphasize the sporting dimension of MMA, providing information on rules, techniques, protection schemes, MMA supervision and amateur practice. They accompany the broadcasts with enlightened commentary, reminding viewers that the athletes are highly qualified sportsmen and women, and that the techniques are potentially dangerous and must not be reproduced.

Article 4 - Ethical obligations

In accordance with article¹ of the law of September 30, 1986, which states that freedom of communication may be limited to the extent required by respect for the dignity of the human person, broadcasters are required to exercise particular vigilance to ensure that this principle is respected in all circumstances, with regard to both the images shown and the comments made. The French regulatory authority for audiovisual and digital communication demands that the retransmission of fights or excerpts of MMA fights, as well as related commentaries, in no way incite dangerous practices or behavior, are free from any form of humiliation or indulgence in suffering, and are measured when it comes to the evocation or diffusion of images of fighters in situations of peril or distress.

Article 5 - Fight agains doping

The French regulatory authority for audiovisual and digital communication recalls that in sporting matters, television service editors are required to contribute to the fight against doping in accordance with deliberation no. 2017-20 of May 17, 2017 relating to the conditions for the contribution of television services showing sporting programs to the fight against doping and the protection of people practicing physical and sporting activities. In this regard, it encourages publishers who broadcast MMA fights to provide evidence in the fight against doping in this discipline.

Article 6 - Exposure of women's sport

The French regulatory authority for audiovisual and digital communication reiterates its commitment to the exposure of women's sport in the audiovisual media. In this respect, it it encourages publishers who broadcast MMA fights to give women's participation in this discipline its rightful place.

Article 7 - Schemes applicable to fight sports not governed by a federation

Disciplines in which the disabling of an athlete following a blow from an opponent is authorized, and which are not delegated to a federation by the Ministry of Sport, may not be shown or made available by television service editors and on-demand audiovisual media services. Therefore, the Authority demands that these publishers do not show or make available to the public any fights :

- which do not comply with all the technical and safety rules set out in Annex III-28 of the regulatory section of the French Sports Code;

- taking place abroad and which do not meet the following criteria: competition rules respecting the physical and moral integrity of athletes, the transmission of educational values, appropriate medical supervision, anti-doping controls, trained staff (referees, judges, officials, etc.), fighters of equal technical value and comparable weight.

Article 8 - Final provisions

The December 20, 2005 notice to television service editors concerning the broadcasting of certain types of fights is abrogated.

The present decision is applicable throughout France.

It will be published in the Official Journal of the French Republic.