French Superior Audiovisual Council notice of January 18, 2005 on the use of the French language in audiovisual media
The French Superior Audiovisual Council (French Superior Audiovisual Council) is responsible for ensuring "the defense and illustration of the French language and culture", in accordance with article 3-1 of the French law of September 30, 1986 on freedom of communication. The French Superior Audiovisual Council reminds television and radio service editors of the legal, regulatory and contractual provisions governing the use of the French language.
I - Principle
The law of August 4, 1994 on the use of the French language is the concrete expression of the constitutional principle that French is the language of the Republic. It makes the use of the French language compulsory in television and radio programs, as well as in the marketing and promotion of goods and services, particularly by audiovisual means.
Introduced by article 12 of the law of August 4, 1994, article 20-1 of the law of September 30, 1986 affirms the necessary use of the French language on all television and radio services, both in their programs and on advertising screens. This article establishes the principle that "the use of French is compulsory in all broadcasts and advertising messages by radio and television organizations and services, whatever their broadcasting or distribution method".
The terms of reference of public-sector companies and the agreements signed by the French Superior Audiovisual Council with private operators reaffirm the principle laid down in article 20-1 of the law, notably by demanding that these companies ensure the correct use of the French language in their broadcasts.
In this respect, although it is not the French Superior Audiovisual Council's intention to impose the use of an official terminology, it considers it desirable that radio and television staff working on the air prefer their customary French equivalents to foreign terms.
The French Superior Audiovisual Council also points out that the provisions of the law of August 4, 1994 on the use of the French language do not preclude the audiovisual use of France's regional languages (mainland and overseas France).
II - Exceptions
The principle of mandatory use of French in television and radio programs is subject to a number of exceptions. These include :
- cinematographic and audiovisual works in their original version (first paragraph of article 20-1 of the law of September 30, 1986);
- musical works, including those inserted in advertising messages, the text of which is wholly or partly in a foreign language (second paragraph of article 20-1 of the law);
- programs, parts of programs or advertisements included therein which are designed to be entirely diffused in a foreign language (third paragraph of article 20-1 of the law). The French Superior Audiovisual Council (French Superior Audiovisual Council), in line with the recommendations set out in the Prime Minister's circular of March 19, 1996 on the enforcement of the law of August 4, 1994, takes into account programs offered by foreign services received in France, those broadcast by national operators for the benefit of foreign communities resident in France, and those intended for diffusion outside France;
- programs whose purpose is to teach a language, and broadcasts of religious ceremonies (third paragraph of article 20-1 of the law).
III - Mandatory but not exclusive use
While the use of French is compulsory in programs and commercials, the use of foreign languages is not banned, provided that a French translation is used, "as legible, audible or intelligible as the presentation in the foreign language" (fourth paragraph of article 20-1 of the law of September 30, 1986).
Applicable to all broadcasts, this scheme is particularly relevant to advertising, for reasons of consumer protection, as consumers need to be fully informed about the specific nature of the goods or services being promoted.
The French Superior Audiovisual Council considers, in accordance with the circular of March 19, 1996, that "a similarity of the two presentations and a parallelism of the modes of expression between the two versions are not required. Furthermore, the translation may not be word-for-word, as long as it remains in the spirit of the original text". As a result, on the one hand, the translation of foreign-language terms may be either verbal or written, and on the other, it is not necessary for the French translation of foreign-language terms to be displayed on screen in similar conditions, or for the characters used to be identical in size or color.
Nevertheless, as the circular specifies, the foreign-language text must not, "because of its size, graphics, color, volume or any other reason, be better understood than the French-language text". It is therefore important for the latter to be sufficiently similar to the foreign-language presentation to be considered "equally legible, audible or intelligible".
IV - Special case of trademarks and program titles
It follows from the last paragraph of article 2 of the law of August 4, 1994 that while trademarks and service marks within the meaning of articles L 711-1 et seq. of the French intellectual property code are not subject to the provisions of the law relating to the use of the French language, the statements and messages accompanying them are.
Thus, even if a foreign-language message is registered with a trademark, it must be translated into French as legibly, audibly or intelligibly as the foreign-language presentation.
With regard to trademarks themselves, the Council reiterates that they may be filed, registered or used in France without translation. However, public authorities and private individuals entrusted with a public service mission may not use trademarks consisting of a foreign term, provided there is an equivalent French term approved under the provisions of the regulations governing the enrichment of the French language (I of article 14 of the law of August 4, 1994).
These provisions apply in particular to issue titles that have been registered as trademarks.
Thus, public television and radio companies, which are both subject to legislation governing limited companies and entrusted with a public service mission under the terms of article 43-11 of the law of September 30, 1986, cannot give their programs a title made up of foreign terms. However, three exceptions are provided for by law: titles of programs for which these companies have acquired the diffusion rights and whose conception escapes them; titles made up of a foreign term for which there is no French equivalent; titles which were registered as trademarks before August 7, 1994.
The French Superior Audiovisual Council demands that private television and radio service editors make every effort to use French in the titles of their programs. Should they choose to use a title in a foreign language, the Conseil recommends that the title be translated verbally or visually, so that it can be easily understood by the public.
This notice will be published in the Official Journal of the French Republic.