Notice of June 7, 2005 to television service editors concerning youth signs and the classification of programmes for younger viewers
Modified by resolution no. 2012-57 of October 23, 2012 - Journal officiel of November 20, 2012
Modified by deliberation no. 2014-17 of March 5, 2014 - Journal officiel of April 9, 2014
The principles set out in Articles1 and 15 of the amended Act of September 30, 1986 on freedom of communication, which entrust the French Superior Audiovisual Council with the task of ensuring the protection of children and adolescents, require that young audiences be protected from programs likely to have harmful effects on them.
Accordingly, unless otherwise stipulated in the agreement signed with the French Superior Audiovisual Council, television service editors must comply with the following obligations:
Article 1
The publisher shall ensure that, between 6 a.m. and 10 p.m., violence, including psychological violence, cannot be perceived as continuous, presented as the sole solution to conflicts or expressed in an exacerbated manner.
In compliance with the classification scheme, programs dealing with historical or controversial subjects may be shown before 10 p.m., provided the publisher makes provision for educational support beyond the mere written or oral warning, with the aim of contextualizing scenes likely to offend persons under 18.
The editor takes the necessary precautions when images that are difficult to sustain, or testimonies relating to particularly dramatic events, are shown in the news, news programmes or other programs on the programme. In such cases, the public must be warned in advance.
Article 2 - Definition of program categories
The publisher has recourse to a broadcast commission which recommends a program classification. The composition of this commission is notified to the French Superior Audiovisual Council.
The publisher classifies programs according to five levels of assessment of their acceptability with regard to the protection of children and adolescents, and applies the corresponding labelling within the managerial framework defined in article 4:
- category I (no signage): programs for all audiences ;
- category II (round white pictogram with a black -10 inlay): programs containing certain scenes likely to offend persons under 18;
- category III (round white pictogram with -12 in black): cinematographic works forbidden to persons under 18, as well as programs likely to disturb persons under 18, particularly when the program repeatedly uses physical or psychological violence;
- category IV (round white pictogram with black -16 inlay): cinematographic works forbidden to 16 year-olds, as well as programs of an erotic or violent nature, likely to harm the physical, mental or moral development of 16 year-olds;
- category V (round white pictogram with a black -18 inlay): cinematographic works forbidden to persons under 18, as well as pornographic or highly violent programs reserved for a warned adult audience and likely to impair the physical, mental or moral development of persons under 18.
With regard to cinematographic works in particular, the rating assigned to them for screening in cinemas can serve as an indication of their rating for television. However, it is up to the publisher to check that this classification can be transposed without damage for television diffusion, and where appropriate, to strengthen it.
On July 8, 2002, a memorandum of understanding was signed between the Commission de classification des oeuvres cinématographiques and the French Superior Audiovisual Council in order to introduce a submission of a case before the court for requests to revise the visas of older films.
In view of the fact that this reclassification is requested in the majority of cases for a television diffusion of the cinematographic work, it appeared necessary to associate the French Superior Audiovisual Council with this procedure in order to avoid an excessive backlog of requests for revisions. Television service editors may therefore, in agreement with the work's producer or an authorized agent, submit a request to the French Superior Audiovisual Council to revise the classification of these works with a view to their television diffusion.
This request is made jointly by the television service editor and the producer of the work. Only older cinematographic works are eligible for review. A cinematographic work is considered old when a period of at least twenty years has elapsed between the date on which the last exhibition visa was obtained and the new demand. This joint demand for reclassification of the work must be addressed to the French Superior Audiovisual Council at least eight months before its programming by the requesting television service editor. Requests are forwarded by the French Superior Audiovisual Council to the Commission de classification des oeuvres cinématographiques up to a limit of twenty per year, and no later than six months before the work is scheduled by the requesting television service editor. The Commission for the Classification of Cinematographic Works issues its opinion at least one month before the programming of the cinematographic work.
Article 3 - Programming conditions for the different categories
Publishers must comply with the following programming conditions for each of the categories set out in article 2 of the present notice:
- category II: the times of diffusion of these programs are left to the discretion of the publisher, it being understood that this diffusion cannot intervene in programs intended for children;
- Category III: for cinema channels and pay-per-view services, these programs may not be shown on Wednesdays before 8:30 p.m. For other television services, these programs may not be shown on Wednesdays before 8:30 p.m.. For other television services, these programs may not be shown before 10 pm. Exceptionally, programmes in this category may be shown after 8.30pm, except on Tuesdays, Fridays, Saturdays, the eve of public holidays and during school vacations. These exceptional diffusions may not exceed sixteen programs per year, including a maximum of four cinematographic works forbidden in cinemas to persons under 18, and are authorized subject to compliance with the first paragraph of article1 of this same notice;
- category IV: reserved for a warned public, these programs can only be shown after 8:30 p.m. on cinema channels and pay-per-view services, and after 10:30 p.m. on other TV services;
- category V: diffusion of these programs is subject to compliance with notice no. 2004-7 of December 15, 2004, published in the Journal Officiel of December 23, 2004.
Programs that offend human dignity, in particular those depicting sexual violence and perversions, degrading to the human person or leading to his or her degradation, are prohibited from all diffusion. The same applies to pornographic programs depicting persons under 18, and to programs of extreme or gratuitous violence.
Article 4 - Signage
The identification mentioned in article 2 must be brought to the attention of the public at the time of diffusion of the program concerned, in the trailers and in the previews communicated to the press.
During program diffusion, this signage will be presented on-air as follows:
a) For category II programs:
The pictogram will be present on screen for the duration of the program's diffusion. The words "not recommended for children under ten" must appear either at the bottom of the screen, in white, for at least one minute at the start of the program, or in full screen, before the program is shown, for at least twelve seconds;
b) For category III programs:
The pictogram will be present on screen for the duration of the program's diffusion. The words "not recommended for persons under 12" or, where appropriate, the words "prohibited for persons under 18", assigned by the Minister of Culture, must appear on air, in white, for at least one minute at the start of the program, or full-screen, before the program, for at least twelve seconds;
c) For category IV programs:
The pictogram will be present on screen for the duration of the program's diffusion. The words "not recommended for persons under 18" or, where appropriate, the mention of the ban on persons under 18, awarded by the Minister of Culture, must appear on air, in white, for at least one minute at the start of the program, or full-screen, before the program, for at least twelve seconds;
d) For category V programs:
The pictogram will be present on screen for the duration of the program's diffusion. The words "not recommended for persons under 18" or, where appropriate, the words "prohibited for persons under 18", assigned by the Minister of Culture, must appear on air, in white, for at least one minute at the start of the program, or full-screen, before the program, for at least twelve seconds.
This signage does not exempt the publisher from complying with the provisions of decree no. 90-174 of February 23, 1990, as amended, concerning prior public warnings, both when cinematographic works forbidden to persons under 18 are being shown, and in the trailers for such works.
Article 5 - Other programs
1. Trailers:
The pictogram of the category in which the program is classified appears throughout the trailer. Trailers must not include scenes likely to offend youngsters. The publisher pays particular attention to trailers for category II programs shown on or near children's programs. Trailers for category III programs may not be shown in close proximity to children's programs. Trailers for category IV programs may not be shown before 8:30 p.m.
2. Music videos:
Given their brevity and the absence of trailers prior to their diffusion, music videos are exempt from systematic signage. However, signs should be used to warn the public of programs containing music videos with themes that are not aimed at children or teenagers. In the case of music videos likely to offend youngsters, the publisher will endeavor to show them after 10 pm.
Article 6 - Annual campaign
The publisher participates in the diffusion of an annual public information and awareness-raising campaign on the child and adolescent protection scheme on television, in accordance with objectives defined in agreement with the French Superior Audiovisual Council.