Deliberation of October 16, 2012 on the simultaneous diffusion of the same program by several national terrestrial channels.

Under article 1 of law no. 86-1067 of September 30, 1986, the freedom to communicate to the public by electronic means may be limited to the extent required, in particular, to respect the plurality of expression of currents of thought and opinion. According to article 3-1 of the same law, the French Superior Audiovisual Council must ensure the quality and diversity of programs. Authorizations to use radio frequencies are granted taking into account, in particular, the public interest and the overriding need for plurality in socio-cultural expression.

Diffusion of all or part of the same program, at the same time, by several national terrestrial TV channels is likely to undermine the plurality of socio-cultural currents of expression, and does not contribute to program diversity. Furthermore, it is not part of the optimal management of radioelectric resources that the council is responsible for ensuring.

Consequently, several terrestrial television services with a national vocation may not show all or part of the same program simultaneously, or with a deferred broadcasting of less than one hour, without the prior written agreement of the Conseil. Exceptionally, however, simultaneous or slightly deferred broadcasting of all or part of the same program of particular interest to the public, such as the retransmission of a ceremony, debate or intervention by personalities, is permitted.

Diffusion of the same program means the showing by several channels of a program with identical image and sound characteristics. The one-hour duration mentioned above is assessed frame by frame.

The ban does not apply to the retransmission of the main debates mentioned in article 45 of France Télévisions' specifications.

The present resolution does not prevent the implementation of contractual stipulations relating to the retransmission of programs from another service, provided that the retransmission is not simultaneous or deferred for less than one hour.

It does not apply to images illustrating current events, nor to short extracts as provided for in articles L. 333-7 of the French Sports Code and 20-4 of the Law of September 30, 1986.

The present deliberation, which will be effective from November 30, 2012, will be published in the Journal officiel de la République française.

Paris, October 16, 2012.

For the French Superior Audiovisual Council :

Le président,

M. Boyon