Opinion on the draft decree on the diffusion of cinematographic and audiovisual works

French Superior Audiovisual Council opinion of October 23, 2001 on the draft decree amending decree no. 90-66 of January 17, 1990 laying down the general principles governing the diffusion of cinematographic and audiovisual works

The French Superior Audiovisual Council (Conseil supérieur de l'audiovisuel) has been asked to give its opinion, pursuant to article 27 of the amended law no. 86-1067 of September 30, 1986 on freedom of communication, on a draft decree amending decree no. 90-66 of January 17, 1990 laying down the general principles governing the diffusion of cinematographic and audiovisual works, after due deliberation, makes the following observations, which are to be supplemented by the main observations set out in its opinion of October 2, 2001 on the draft decree laying down general principles concerning the diffusion of services other than radio broadcast by terrestrial hertzian means in digital mode.

The Conseil notes that this draft reflects the government's desire to harmonize and make more flexible the rules governing the diffusion of cinematographic and audiovisual works. It welcomes this trend, which could have resulted in even greater flexibility in the diffusion schedule for cinematographic works, and in particular in the removal of the ban on Fridays between 6 pm and 9 pm. He notes that the Wednesday afternoon broadcasting ban remains in place only for encrypted services broadcast by terrestrial broadcasting method.

In addition, article 7 introduces several articles into the decree of January 17, 1990, including article 9-4, which notably allows the diffusion of art house films on Fridays in the second half of the evening. It would be useful for this article to specify whether these are art house works within the meaning of article 9-3 of the January 17, 1990 decree, also introduced by article 7 of the draft decree, or within the meaning of article 1 of decree no. 91-1131 of October 25, 1991 defining and classifying art house cinemas.

The Council also considers that the definition of arthouse works, set out in article 9-3 of the decree of January 17, 1990 (introduced by article 7 of the draft decree), should be made more flexible. Indeed, the current highly restrictive definition criteria mean that publishers make very little use of the option thus offered to them.

The Council also summons the Government's attention to the importance of amending article 6 of the January 17, 1990 decree defining European cinematographic and audiovisual works. In order to promote cultural diversity, the Council would like to see the qualification criteria for European works adapted for the part of the production and diffusion obligations exceeding the level provided for in the Television without Frontiers Directive, and in particular to include in this definition works from European countries which do not meet the conditions set out in II of article 6.

Finally, as it indicated in its opinion on the draft "digital" decree, the Conseil would like to see article 9 of the decree of January 17, 1990 amended. The decree should only make provision for a basic set of hours between 6 and 11 p.m., corresponding to potential peak times.