Notice of February 27, 2002 concerning the insertion of subliminal images in programs

Following the insertion of subliminal images in M6's Popstars program on December 6, 2001, the Council issued the following notice to all television services:
"In accordance with articles 28, 33-1 and 43-11 of law no. 86-1067 of September 30, 1986 as amended, television services are required to ensure the honesty of information and programs on their airwaves.
Under the provisions of article 9 of decree no. 92-280 of March 27 1992 as amended, surreptitious advertising is prohibited. "The verbal or visual presentation of goods, services, the name, trademark or activities of a producer of goods or a provider of services in programs, when this presentation is made for advertising purposes, constitutes surreptitious advertising".
Pursuant to article 10 of the aforementioned decree, "advertising must not use subliminal techniques", understood as aiming to reach the viewer's subconscious through the very brief exposure of images.
However, the French Superior Audiovisual Council recently noted the presence of subliminal images on a television service, introduced during editing operations using digital technologies.
The presence of such images does not comply with the aforementioned schemes.
All service editors are responsible for the content of the programs they broadcast, and as such are obliged to control their airwaves.
The French Superior Audiovisual Council therefore summons the attention of all television services to the need to ensure that their programs, whether produced or directed by themselves or by third-party companies, do not contain any subliminal images, whether advertising or not.
It demands that all those involved in the production and diffusion of images put in place the means of verification appropriate to the digital environment, and inform the Council immediately".
This notice was sent to M6 with a specific letter.