Deliberation of November 10, 2009 to promote the representation of diversity of French society on national channels

Deliberation of November 10, 2009 to promote the representation of diversity of French society in the programs of free national terrestrial channels and Canal +.

Article 3-1 of the law of September 30, 1986 on freedom of communication, enacted by the law of March 31, 2006 on equal opportunities, gives the French Superior Audiovisual Council the mission, on the one hand, to contribute to actions in favor of social cohesion and the fight against discrimination in the field of audiovisual communication and, on the other hand, to ensure, in particular with publishers of audiovisual communication, as of the nature of their programs, that programming reflects the diversity of French society.

The Act of March 5, 2009 on audiovisual communication and the new public television service strengthens the Conseil's role in representing the diversity of French society, and underscores the legislator's expectations of broadcasters, in particular France Télévisions. From now on, the Conseil will be required to report annually to Parliament on the actions taken by broadcasters to ensure that their programming reflects the diversity of French society, and to propose appropriate measures to improve the representation of this diversity in all programme types.

Even before the law was published, the Conseil was actively involved in this area, which is essential to social cohesion. As early as 2000, after commissioning a quantitative study on the perception of the diversity of French society on television, it included in the agreements of private television channels a commitment to take into account the diversity of the origins and cultures of the French population on air. In January 2007, to fully exercise its new powers, it set up a working group on diversity. On March 11, 2008, it set up the Observatoire de la diversité dans les médias audiovisuels (Observatory for Diversity in the Audiovisual Media) to monitor the actions taken by television stations in terms of diversity in all its components (origin, age, gender, disability, etc.), and to guide the work of the Conseil and its associated researchers.

In 2008, the Conseil commissioned a study on the perception of diversity in French society on the national free-to-air channels of digital terrestrial television, as well as Canal +, according to socio-professional category, gender and supposed origin, distinguishing between people seen as white or non-white, including those seen as black, Arab, Asian or other.

Following the publication of the survey results on November 12, 2008, the Council invited each publisher to a working meeting in December 2008, to examine the results of the survey and to discuss, in the context of a constructive collaboration, concrete and precise objectives for improving the representation of diversity on their channel. It then decided to publish, for at least three years, a biannual barometer designed to assess the perception of the diversity of French society on television.

The results of the study were confirmed by the first barometer drawn up in 2009: women, as well as certain socio-professional categories, in particular blue-collar and white-collar workers, are underrepresented in relation to their place in French society; the diversity of origins, a social theme widely addressed by the media, has made very little increase; the closer programs are supposed to be to the reality of French society, the less diversity is perceptible, in particular in French drama, program dealing with current affairs and entertainment. The barometer also revealed the almost total absence of disabled people on air.
This worrying finding summons a rapid and massive development in the practices of broadcasters, whose programming must offer viewers a faithful reflection of French society, in keeping with the richness of its many different components. The Conseil therefore intends to make the representation of diversity a core priority for television broadcasters, and to encourage each broadcaster to promote the expression of this diversity, while taking into account its own situation.

With this in mind, and with due respect for editorial policy and the freedom of audiovisual creation, we need to establish a managerial framework for the commitments that each editor must make to the Conseil, and to lay down the procedures for monitoring by the Conseil.

This is the purpose of the present decision, taken on the basis of article 3-1 of the law of September 30, 1986, which applies to the commitments made for 2010 and subsequent years by national free-to-air channels and by Canal +, insofar as these services, which use a scarce terrestrial resource, attract the largest audience and the broadest public.

I. THE PROVIDER'S COMMITMENTS

A. Content of commitments

Based on the characteristics of its programming, the publisher undertakes to significantly improve the representation of diversity of French society on its airwaves.

The diversity of French society is understood in its broadest sense. It includes socio-professional categories, gender, origin and disability.

Each year, depending on the specific features of its programming and the shortcomings identified by the television diversity barometers, the editor proposes commitments to the Council, which may be agreed with other editors, on the following points.

1. When commissioning and producing programs

The publisher will use its best efforts to include in its program order contracts and, where appropriate, in the general terms and conditions of the contracts attached thereto, a clause making provision for the parties to ensure the representation of diversity of French society in the programs which are the subject of these contracts.

To this end, the publisher ensures that, for commissioned dramas, a significant proportion of roles are performed by actors perceived as contributing to the representation of diversity in French society, while respecting the historical and literary contexts.

2. On air

Given the nature of its programming, the editor is committed to ensuring that the diversity of French society is represented in all program types broadcast. It pays particular attention to three types of programs: French news broadcast, entertainment and original French drama. It is committed to increasing the representation of diversity on these three types of programs.

Its commitments are aimed at improving results in one or more of these genres, compared with results obtained in previous barometers.

3. With news and program managers

In order to better contribute to actions in favor of social cohesion and the fight agains t discrimination, the publisher undertakes to regularly raise awareness among its editorial staff and program managers of the need to improve the representation of diversity of French society in programs aired.

Each year, it informs the Council of the concrete ways in which these actions have been implemented.

B. Terms and conditions of commitment

1. Conclusion of a rider establishing the principle of annual commitments

A rider to each private publisher's agreement makes provision for the publisher to make annual commitments for the coming year by letter, in application of A of I.

2. Annual commitment letter

No later than November 30 of each year, the publisher submits a letter to the Conseil setting out the commitments it has made for the following year in application of A of I.

These provisions apply to France Télévisions, which, in accordance with article 37 of its terms and conditions as set out in the decree of June 23, 2009, implements, within the framework of the notices, measures to improve the representation of diversity of French society. To this end, it proposes commitments to the Council in application of A of I.

Commitments for 2010 must be submitted to the Council by December 15, 2009 at the latest.

3. Acceptance of commitments by the Board

The Council may demand that the publisher modify its proposals if it considers them insufficient or inappropriate. The publisher has one month in which to submit amended proposals in accordance with the Council's demand.

Once accepted by the Council, the publisher's proposals are deemed to be commitments within the meaning of the present deliberation.

II. FOLLOW-UP BY THE BOARD

The Conseil monitors compliance with the commitments made by the publisher in application of I of the present deliberation, based in particular on the results of the barometers.

A. The Council's television diversity barometer

Every six months, the Conseil publishes the results of a barometer of the perception of the diversity of French society in the programming of free national terrestrial channels and Canal +. The barometer is based on a methodology defined by the Conseil.

The barometer indicates, for each of the publishers concerned, the state of perception of the diversity of French society on its airwaves.

The methodological tools used to establish the barometer are sent to the publisher by the Conseil.

The Council informs the publisher of the results of the barometer and receives its comments.

B. Reporting to the Council on the implementation of commitments by the publisher

Each year, before March 31st, the publisher provides the Conseil with information enabling it to assess compliance with the commitments made in respect of the previous year under A of I.

C. Additional information provided by the publisher

Each year, before March 31st, the publisher may provide the Council with any additional information needed to assess compliance with the commitments made in application of the present deliberation.

It may inform the Council of any other initiatives it has taken to promote the representation of diversity in its programs or within its company.

If it wishes to extend the period or time segment covered by the barometer drawn up by the Council, it will use the methodology defined by the Council.

D. Communication of commitments and results

The commitments made by editors in application of the present deliberation, and the assessment of their fulfillment, are made public by the Conseil in the report it draws up each year in application of article 3-1 of the law of September 30, 1986.

The present decision will be published in the Journal officiel de la République française.

Paris, November 10th 2009
For the French Superior Audiovisual Council
Chairman
M. BOYON