French Superior Audiovisual Council opinion of December 8, 2009 on the draft amendment to France Télévisions' contract of objectives and means for the period 2009-2012

Avis n°2009-15 du 8 décembre 2009 relatif au projet d'a venant au contrat d'objectifs et de moyens de la société nationale de programme France Télévisions pour la période 2009-2012

I. The draft amendment to a contract of objectives and means is evidence of voluntarism.

Noting the voluntarist nature of the draft amendment to a contract of objectives and means, which should strengthen France Télévisions in a context of heightened competition, the Board notes that the Group's offensive content strategy focuses on three main areas: program production, synergies and complementarity between services, and the development of non-linear supplies. The project also sets high targets for audience satisfaction.

As far as audiovisual production is concerned, the Board is pleased to note that the draft amendment confirms the increase in commitments mentioned in the 2007-2010 Contract of Objectives and Means, making provision for an annual investment of 420 million euros when analog diffusion is switched off, and that it will continue to do so until 2012.

With regard to the contribution to cinematographic works, the Council notes that, in line with the agreements signed by France Télévisions with professional organizations and the specifications, the contributions of France 2 and France 3 will exceed the regulatory thresholds, enabling the public group to finance cinematographic creation to the tune of around 59 million euros in 2012.

To achieve the editorial ambitions set out in the contract of objectives and means, the Board notes that the development of synergies between the group's channels requires better use of France Télévisions' programs on all its channels. Nevertheless, as part of its agreements with audiovisuel producers, France Télévisions has agreed to more rapid restitution of rights in return for pooling its production obligations. However, the Council summons the Government's attention to the more global consequences, in terms of the circulation of works, of France Télévisions' desire to give priority to its own services.

The development of non-linear supplies will be in line with the principle laid down by the law of March 5, 2009, of making all programs, excluding films, available free of charge on catch-up TV. The Board notes the creation of regional "web televisions" and new thematic portals. However, despite the appeal of this developing supply, it questions the realism of the planned sharp increase in non-linear commercial revenues. It also stresses the need for all broadband, Internet and mobile operators to be able to access France Télévisions' video-on-demand supply under fair, transparent and non-discriminatory conditions of competition.

Finally, the ambitious editorial objectives of the draft amendment are combined with a particular focus on public satisfaction and audience ratings for the various media. The Conseil considers the indicators relating to the a ttractivity of each of France Télévisions' channels and to strengthening the level of viewer satisfaction to be relevant.

II. The draft amendment to a contract of objectives and means is nevertheless marked by insufficient articulation with the specifications and by the weakness of certain indicators.

The Board notes that the duration of the draft amendment, which is aligned with that of the 2009-2012 business plan, extends the duration of the contract of objectives and means to six years, thus exceeding the period provided for by law.

Moreover, this duration is no longer consistent with the term of office of the Chairman of the public group, even though the draft amendment reflects a specific corporate project. In its June 2008 report entitled " Observations et propositions du Conseil supérieur de l'audiovisuel concernant la ligne éditoriale des chaînes de France Télévisions " ( Observations and proposals of the French Superior Audiovisual Council on the editorial line of France Télévisions' channels ), the Council stressed the need, in a context of survival funding, to match the term of office of the public group's chairman with that of the contract of objectives and means. This point has been partially taken into account by the law, which now allows any new chairman to sign a new contract of objectives and means. Nevertheless, given the fundamental change in the structure of France Télévisions' resources, it seems reasonable to extend the duration of the contract of objectives and means until the reform of the public group's financing has been completed.

In its report, the Conseil also emphasized another factor likely to ensure the smooth operation of the public broadcasting group, namely the proper articulation of the contract of objectives and means with the specifications. It is all the more concerned that these two texts should complement each other, given that their implementation is not monitored under the same conditions. It regrets that the contract of objectives and means does not specify the body responsible for guaranteeing the proper fulfillment of its commitments. Finally, he demands to be informed of the report on the execution of this contract which, in accordance with article 53 of the law of September 30, 1986, must be presented each year by the President of France Télévisions to the cultural affairs and finance committees of the French National Assembly and Senate.

In its opinion on France Télévisions' terms of reference, the Council stated that it would pay particular attention to four subjects to which the terms of reference expressly refer: the minimum amount of investment in production (article 9 of the terms of reference), new technologies (article 21), program innovation (article 23) and program accessibility for the disabled (article 38).

However, the Council considers that certain articles of the draft amendment, such as the one devoted to spending on innovation in all programme types, do not add any precision to the specifications. In the case of new technologies, it considers the provisions to be insufficiently precise, since they do not set out either the deployment methods or the percentage of programs to be shown in high definition, data which it, for its part, intended to include precisely in the agreements of private channels. At the very least, the contract of o bjectives and means could introduce monitoring indicators for each channel. With regard to mobile TV, the Council considers that the draft amendment encourages France Télévisions to offer programs that are adapted and appealing, but that it should be much more proactive with regard to the France Télévisions Group's commitment to the launch of personal mobile TV supplies, which would send a strong signal to private operators.

With regard to program accessibility for the disabled, the draft amendment makes provision for the diffusion of one audio-described programme per day in 2012, subject to sufficient technical capacity. However, the Council questions the imprecision of its financing.

Independently of the four areas for which the specifications explicitly refer to the contract of objectives and means, the Board regrets that the draft amendment often confines itself to repeating the wording of the articles in the specifications. In the case of RFO, for example, the text merely summarizes the channel's editorial line, and does not address the development in content linked to the development of DTT overseas France, which will lead to the necessary adaptation of programs. The final contract of objectives and means should also take into account the announcement of a wider diffusion of France Ô, for which adequate funding will have to be made provision for.

With regard to measuring the objectives of the draft amendment, the Board regrets that certain indicators have been set at a lower level than that observed in the channels' 2008 balance sheets. This is the case for the number of sports disciplines shown, and for indicators relating to France 3's regional websites.

The Board regrets that the viewer satisfaction indicators favored by the Contract of Objectives and Means in many areas have not been supplemented by other indicators that could have constituted genuine commitments. In the case of diversity, for example, the draft contract merely mentions the annual survey on the "image of channels" commissioned by France Télévisions, based on a sample of viewers who are asked to choose the channels that best reflect the diversity of French society. The Council also demands that the text list the Council's deliberation of November 10, 2009, aimed at fostering diversity in programming, and instituting the diversity barometer.

As far as news is concerned, France Télévisions' annual indicator is once again favored, although it could be supplemented by other criteria such as the on-air presence of a news ombudsman.

Finally, the Council notes that the draft amendment, like the specifications, gives no details of the establishment, composition or role of the program advisory board. However, it believes that this statutory body could make a useful contribution to assessing audience satisfaction and program quality.

Paris, December 8, 2009.
For the French Superior Audiovisual Council :
Le président,
M. BOYON