Deliberation no. 2021-103 of December 8, 2021 relating to the commitments of radio services for the application of article 28, paragraph 2 bis of law no. 86-1067 of September 30, 1986 relating to freedom of communication.

Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles¹, 3-1 and 28,

Under the provisions of 2° bis of article 28 of the aforementioned Act of September 30, 1986, as amended by article 35 of Act no. 2016-925 of July 7, 2016 on the 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 in use in France, which must reach a minimum of 40% of songs of French expression, at least half of which from new talent or new productions, shown at significant listening times by each of the radio services authorized by the French regulatory authority for audiovisual and digital communication, for the portion of its programs composed of variety music.

By way of derogation, the French regulatory authority for audiovisual and digital communication 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 of one title per hour on average ;

- or, for radio stations specializing in the promotion of 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 1,000 different titles in a given month, at least half of which are new productions, with each of these titles being broadcast no more than 100 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 2o bis, the French regulatory authority for audiovisual and digital communication 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 of these commitments are set by the French regulatory authority for audiovisual and digital communication in a decision taken after public browsing.

In the event that more than half of all broadcasts of musical works of French expression or performed in a regional language in use in France are concentrated on the ten musical works of French expression or performed in a regional language in use in France most programmed by a service, broadcasts taking place beyond this threshold or not taking place at times of significant listenership are not taken into account for compliance with the proportions set by the agreement for the application of this 2o bis."

In the absence of any legal or regulatory definition of the concepts essential to compliance with the obligations set out in 2° bis of article 28, the French Superior Audiovisual Council, as part of its interpretative powers, is required to define each of them and specify the way in which it will monitor and control them.

The Conseil held a public consultation on November 10, 2021. Following this consultation, it adopted the following resolution at its meeting on December 8, 2021:

CHAPTER ^I

DEFINITIONS

Art. 1. - For the purposes of article 28, paragraph 2 bis of law no. 86-1067 of September 30, 1986, the definitions set out in articles 2 to 6 of the present resolution shall apply.

Art. 2 - A song is any title in which more than half the duration is text. A song is said to be French if more than half its textual duration includes lyrics performed in French or in a regional language used in France. December 16, 2021 JOURNAL OFFICIEL DE LA RÉPUBLIQUE FRANÇAISE Text 138 of 253

Art. 3 - The obligations set out in 2° bis of article 28 of the aforementioned law of September 30, 1986 apply to significant listening hours, understood as the periods from 6:00 am to 10:30 pm Monday to Friday, from 6:30 am to 10:30 pm Saturday and from 7:00 am to 10:30 pm Sunday.

Art. 4 - By new production we mean any track, whether or not taken 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.

Art. 5 - A new talent is any artist or group of artists who have not exceeded the threshold of 100,000 sales for two separate albums, provided they have not already qualified as a confirmed talent according to the definition in effect prior to the date of entry into force of the present deliberation. For the purposes of this definition, - a "sale" is defined as the sale of an album or sales equivalent corresponding to 1,500 listens lasting more than 30 seconds to the tracks on this album on the paying supplies of online music services, after subtracting from this total half the listens to the most listened-to track on the album; - an "album" is defined as any recording with a number of tracks greater than or equal to 5, or lasting at least 25 minutes. Reissues and "live" albums consisting wholly or mainly of tracks already marketed on previous albums are excluded.

Art. 6 - 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 therewith, two producers are deemed to be distinct, neither of whom belongs to the other nor has any capital ties with the latter leading to a situation of control within the meaning of article L. 233-3 of the French Commercial Code.

CHAPTER II

PROCEDURES FOR GRANTING A REDUCTION IN THE MINIMUM PROPORTION OF FRENCH-SPEAKING SHARES

Art. 7 - The possibility of benefiting from the reduction in the minimum proportion of French-language titles mentioned in the sixth paragraph of 2o bis of article 28 of law no. 86-1067 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 provided for in the 1st or 4th paragraphs of 2o bis of the aforementioned article 28.

Art. 8. - The French regulatory authority for audiovisual and digital communication (Arcom) assesses the originality of a radio service's programming in the light of an array of clues, including in particular the promotion of titles, artists or musical genres that are rarely featured on the entire terrestrial radio landscape, the diffusion of exclusive titles, and the way in which music and artists are showcased through specific music programs (studio or on-set concert broadcasts, columns on music news, regular artist interviews, etc.).).

Art. 9 - The five substantial and quantified commitments made by the radio service with regard to musical diversity concern :

1° The rate of new productions (Francophone or non-Francophone), which, under the provisions of the law, must not be less than 45%;

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, averaged over each quarter:

i) 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;

ii) 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, as a quarterly average:

i) 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;

ii) this number may not be less than 250 for radio stations having subscribed to the obligation to show, at significant listening times, 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:

i) the proportion of broadcasts of titles from three separate phonogram producers may not exceed 70% of the total number of broadcasts;

ii) the proportion of diffusions of titles originating from a single phonogram producer may not exceed 40% of total diffusions. December 16, 2021 JOURNAL OFFICIEL DE LA RÉPUBLIQUE FRANÇAISE Text 138 of 253

Art. 10 - If a service complies with all the conditions set out in article 9 of the present resolution, the minimum proportion of French-language titles in the overall quota is reduced by five points. Failing this, the service will not benefit from any reduction.

Art. 11 - 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 of the minimum proportion of French-language titles are effective from the first day of the month following their signature by the President of Arcom.

Art. 12 - The radio service requesting to benefit from the reduction in the proportion of French-language titles provided for in the sixth paragraph of 2o bis of article 28 of the aforementioned law of September 30, 1986 shall submit to Arcom :

- evidence that musical programs make up at least 50% of its programming at significant listen 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 be undertaken by the applicant if its application is approved.

CHAPTER III

MONITORING COMPLIANCE WITH COMMITMENTS

Art. 13 - For the purpose of determining confirmed talent, the professional organizations representing phonogram producers responsible for sales certification send Arcom a list of artists or groups of artists who have exceeded the threshold of 100,000 equivalent sales in the first month following the end of the year. Arcom publishes an updated list of confirmed talents on its website by March 1 of each year. This list is effective from April 1st of the same year.

Art. 14 - For the purposes of monitoring compliance with all commitments made in application of article 28, paragraph 2 bis of the aforementioned Act of September 30, 1986, only musical titles broadcast during peak listening hours and lasting at least two minutes are taken into account, as are those lasting less than two minutes when broadcast in their entirety.

Art. 15 - For the purposes of monitoring compliance with the proportion of French-language musical works stipulated in paragraphs 1, 3, 4 and 5 of article 28, paragraph 2 bis of the aforementioned law of September 30, 1986, only song diffusions as defined in article 2 of the present resolution and in accordance with the conditions set out in article 14 are taken into account. For the purposes of verifying the conditions of access to the dispensatory regime for radio stations specializing in musical discovery set out in the 5th paragraph and the substantial and quantified commitments made in application of the 6th paragraph of 2o bis of the aforementioned article 28, all diffusions of musical titles are taken into account, in accordance with the procedures set out in article 14.

Art. 16 - The obligations stipulated in article 28, paragraph 2 of the aforementioned law of September 30, 1986 are calculated on a monthly basis. Unless otherwise stipulated in this article, compliance is assessed on the basis of an average per calendar quarter.

CHAPTER IV

FINAL PROVISIONS

Art. 17 - The present resolution will be effective from January 1, 2022. Deliberation no. 2018-14 of April 25, 2018 relating to the commitments of radio services for the application of 2o bis of article 28 of amended law no. 86-1067 of September 30, 1986 relating to freedom of communication is abrogated with effect from the date of entry into force of the present deliberation.

Art. 18 - The present resolution is applicable throughout France.

Art. 19 - The present resolution will be published in the Journal officiel de la République française.

Paris, December 8, 2021.

For the French Superior Audiovisual Council :

Le président,

R.-O. MAISTRE