Draft legislation relating to the conditions of appropriate visibility of services of general interest and the methods of collecting the information mentioned in article 20-7 of the law of September 30, 1986 relating to freedom of communication.
P R O J E T
The French regulatory authority for audiovisual and digital communication,
Having regard to Directive 2018/1808/EU of the European Parliament and of the Council of November 14, 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services ("Audiovisual Media Services Directive"), taking into account developments in market realities, in particular Article 7a and Recital 25 thereof ;
Having regard to law no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular article 20-7;
Having regard to decree no. 2022-1541 of December 7, 2022 implementing article 20-7 of law no. 86-1067 of September 30, 1986 on freedom of communication, and setting the threshold for triggering and the deadline for implementing appropriate visibility obligations for services of general interest;
Having regard to the responses to the public consultation on a draft deliberation on appropriate visibility measures for services of general interest in accordance with article 20-7 of the aforementioned Act of September 30, 1986, conducted by the French regulatory authority for audiovisual and digital communication between March 14, 2023 and April 21, 2023.
Considering the following:
1. Article 20-7 of Act no. 86-1067 of September 30, 1986 makes provision for the French regulatory authority for audiovisual and digital communication to specify the conditions under which services of general interest are given appropriate visibility within the user interfaces defined in I of the same article. It also makes provision for "taking into account users' personalization capabilities, appropriate visibility may be ensured in particular by highlighting :
1° On the home page or screen ;
2° In user notices;
3° In user-initiated search results;
4° On schemes for remote control of equipment providing access to audiovisuel communication services.
The presentation chosen must also ensure that the service editor can be identified."
Article 20-7, III of law no. 86-1067 of September 30, 1986 also makes provision for the French regulatory authority for audiovisual and digital communication to determine the terms and conditions under which operators of user interfaces are to report to it on the measures they are implementing to ensure appropriate visibility of services of general interest.
2. The purpose of the present deliberation is to specify the conditions under which appropriate visibility must be given to services of general interest on interface home pages, on the one hand, and in user notices and user-initiated search results, on the other.
3. It also sets out the reporting procedures referred to in III of the aforementioned article 20-7.
4. The present resolution applies to the user interfaces referred to in I of article 20-7 and appearing on the list published by Arcom before March 15 of each year, in application of article 4 of decree no. 2022-1541 of December 7, 2022. With regard to equipment already placed on the market before the date of publication of the present deliberation, the Authority will take into account, in assessing compliance with the latter, the time that interface operators may need to bring such equipment into line with the obligations arising from article 20-7, and where appropriate, any proven and justified technological impossibilities or major environmental constraints.
After deliberation,
Decides :
Chapter I - Conditions for ensuring appropriate visibility of services of general interest
Art. 1 - The operations required by a user to access a service of general interest or an environment grouping together services of general interest may not be more numerous or of a more restrictive nature than those required to access any other audiovisual communication service accessible from the interface, subject to the consequences of its personalization at the sole initiative of the user.
These principles must also be respected when a user accesses a program belonging to a service of general interest.
Art. 2 -Within a user interface, services of general interest, or the access point to the environment grouping them together, appear in the same position as the services with the best exposure.
Art. 3 - In the results of searches carried out by users and in the notices intended for them, services of general interest and their programs are treated in an equitable and non-discriminatory manner in relation to other services and programs, and the service editor is identified.
In the results of searches carried out by users and relating explicitly to a service of general interest or one of its programs, user interfaces show first the service or program originating from it, the stream of which is provided directly by the publisher of this service or one of its subsidiaries or a subsidiary of the company controlling the publisher within the meaning of 2° of article 41-3 of the law of September 30, 1986, unless an express agreement has been concluded between the publisher and the interface operator making provision for specific stipulations.
Chapter II - Procedures for collecting information on user interfaces
Art. 4 - The operators mentioned in the first paragraph of II of article 20-7 of the law of September 30, 1986, and included in the list provided for in the first paragraph of article 4 of decree no. 2022-1541 of December 7, 2022, shall report to the French regulatory authority for audiovisual and digital communication, before February 15 of each year, on the measures implemented during the previous year to ensure the visibility of services of general interest.
Chapter III - Final provisions
Art. 5 - The provisions of the present resolution are applicable in New Caledonia, French Polynesia, Wallis and Futuna and the French Southern and Antarctic Territories.
Art. 6 - The present decision will be notified to the service editors listed in decision n°X of X concerning the list of services qualified as being of general interest, in application of the provisions of article 20-7 of law n° 86-1067 of September 30, 1986 concerning freedom of communication, and to the operators of user interfaces subject to the obligations. It will be published in the Journal officiel de la République française.
Signed in Paris.
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For the French regulatory authority for audiovisual and digital communication : Le président, R.-O. MAISTRE |
Draft legislation relating to the conditions of appropriate visibility of services of general interest and to the methods of collecting the information mentioned in article 20-7 of the law of September 30, 1986 relating to freedom of communication.
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