Notice no. 2021-10 of June 16, 2021, concerning a draft decree amending the specifications of the national program company France Télévisions

The French Superior Audiovisual Council,

Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles 9 and 48;

Having regard to Decree no. 2009-796 of June 23, 2009 setting out the specifications of the national program company France Télévisions;

Having regard to the submission of a case before the court by the Minister of Culture dated June 8, 2021;

Having considered the matter,

Delivers the following opinion:

The Government has referred to the French Superior Audiovisual Council a draft decree amending the specifications of the national program company France Télévisions in order to maintain the diffusion of France 4, which decree no. 2020-1055 of August 14, 2020 made provision for to be discontinued as of August 20, 2021.

The Conseil considers that the existence of a channel aimed at young people that is free, commercial-free and accessible to all plays an important role in terms of social cohesion and fighting the digital divide. In addition, France 4 distinguished itself during the health crisis by ensuring educational continuity during school shutdowns. During this period, France Télévisions also mobilized in favor of culture with the temporary channel Culturebox.

He is pleased to note that maintaining the France 4 channel enables the public audiovisuel group to maintain a strong link with youngsters, while respecting its public service identity and strengthening the complementary nature of its linear and digital supplies. It therefore considers the reference made for the first time in this draft decree to digital supplies produced by France Télévisions to be particularly timely and useful.

It calls on the government to ensure the stability of France 4's editorial line. It stresses that maintaining the channel's diffusion, in a renewed and ambitious format, will have an impact on France Télévisions' budget pathway, which is already demanding.

The Board has issued a favorable opinion on this draft decree, with the following comments:

Concerning the establishment of a single television service

The Conseil takes note of the fact that the temporary channel Culturebox will cease to be diffused with effect from August 20, 2021, and of the Government's decision to maintain France 4's diffusion on the same date. It notes that the channel's editorial line will be structured around two France Télévisions programs, "Okoo" and "Culturebox". The first, during the day, will be aimed at children, youngsters and their parents, while the second, in the evening, will be devoted to culture, and in particular to the diffusion of live shows.

The Council notes that the draft decree does not set a time limit delimiting the "day" from the "evening", which will leave France Télévisions some latitude in articulating these two programs.

The transition to a digital world is inverting the distribution model and upsetting the competitive universe of the historical players. The Conseil is therefore delighted to see references to the France Télévisions brands (Okoo and Culturebox), which are also present in digital. These references illustrate the complementary nature of the Group's supplies, whatever their broadcasting method.

Concerning France 4's editorial line

The Conseil takes note of France 4's new identity, defined in article¹ of the draft decree amending article 3 paragraph 7 of France Télévisions' specifications, as " a channel for young people, families, culture and performing arts ".

• programmes for younger viewers

The draft decree reiterates the current description of France 4's editorial line without modifying it, simply adding a list for "Okoo" programming. Its aim remains to foster " awakening, curiosity and learning about citizenship by combining an educational approach with entertainment ".

Firstly, the Council notes that the draft decree makes provision for maintaining a reference to the " privileged place " accorded to French programs and animated works of original French expression. Indeed, it seems desirable to reinforce the essential role played by France Télévisions in the exhibition and financing of these works, as well as in the structuring and economic health of an industry whose creativity and excellence are recognized worldwide.

In this respect, the Council highlights the significant contribution of the France 4 channel to this situation, particularly since the refocusing of its editorial line on youth in 2017. Since 2018, the share of original EOF works in all animation works shown on France 4 has thus exceeded 50%. The Council hopes that this share will remain the majority in the future.

Secondly, the Council salutes the major role played by France 4 in terms of educational continuity since the start of the health crisis. The channel's responsiveness has enabled it to fulfill a strengthening educational role, which constitutes a strong public service objective. The Council would like France 4's educational mission - which was highlighted by the President of France Télévisions in her strategic plan submitted to the Council - to be more clearly affirmed in the draft decree submitted for its opinion. It also believes that the programming of "Okoo" should be diversified and not limited to the diffusion of animated works, especially those aimed at pre-school audiences. In addition, the terms of reference could include a list of educational programs that could be adapted and upgraded in the event of exceptional circumstances affecting the operation of schools.

• programming devoted to culture and the performing arts

The Board is delighted to see the continuation of the "Culturebox" program, which promotes broad access to culture for all French citizens and greater visibility for cultural players, particularly at peak listening times. He notes the desire to extend the "Culturebox" cultural supply to genres other than live performance. In this respect, it notes the possibility given to France 4 to show cinema devoted exclusively to art house films.

The Conseil will be attentive to the variety of the programs offered, each of which, regardless of genre, must have an undeniable cultural value. In this respect, the Conseil notes that the draft decree does not allow France 4 to show dramas, even though historical dramas or those adapted from literary works could be part of the channel's editorial line.

Furthermore, by not subjecting "Culturebox" to the provisions of article 6 of the specifications, which sets up a points scheme to assess the visibility of live entertainment on France Télévisions channels, the draft decree encourages the maintenance of a broad supply of live entertainment on all the Group's channels, which the Conseil welcomes.

In line with its previous opinions, however, the Conseil points out that this scheme has proved largely ineffective over time. It hopes that a review will be undertaken to reform it, in which it could usefully be involved.

• absence of advertising messages

The Council takes note of article¹ of the draft decree, which states that "(...) France 4's programming does not include any advertising messages". Given the current wording of the draft decree, sponsorship of certain programs remains a possibility.

Concerning the demand for the right to use the radioelectric resource

The Conseil notes that the Ministry of Culture will shortly be submitting a request for priority allocation of the right to use radio resources for the diffusion of France 4.

The present notice will be published in the Journal officiel.

Paris, June 16, 2021

For the French Superior Audiovisual Council

Chairman

R.-O. MAISTRE