Opinion of March 15, 2011 on a draft decree on technical committees
Opinion no. 2011-02 of March 15, 2011 on a draft decree on the technical committees provided for in article 29-3 of amended law no. 86-1067 of September 30, 1986 on freedom of communication
In accordance with the provisions of articles 9 and 29-3 of Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, the French Superior Audiovisual Council has been asked to consider a draft decree on the technical committees provided for in article 29-3 of this Act, and has issued a favorable opinion.
The Conseil Supérieur de l'Audiovisuel has given its overall approval to the draft decree, which takes into account the developments in the scope of competence of the technical committees, in the light of the provisions introduced into article 29-3 of the law of September 30, 1986 by laws no. 2004-669 of July 9, 2004 on electronic communications and audiovisual communication services, and no. 2009-258 of March 5, 2009 on audiovisual communication and the new public television service.
The project also simplifies and clarifies the rules governing the composition of technical committees, particularly with regard to the ethical obligations incumbent on their members. It modernises the way they operate, by encouraging the use of new communication means to enable remote deliberation or browsing by committee members.
Lastly, the Conseil is very much in favor of the introduction of a compulsory prior administrative appeal to the Conseil against committee decisions, which will help to ensure uniform interpretation and application of the rules throughout France.
In order to distinguish the provisions concerning the deliberative body of the French Superior Audiovisual Council from those concerning the institution as a whole, it is proposed to replace the words: "le Conseil supérieur de l'audiovisuel" by: "l'assemblée plénière du French Superior Audiovisual Council" in article 3, the first paragraph of article 4, article 5, article 7, the first and second paragraphs of article 9, the second paragraph of article 11, the third paragraph of article 12 and article 19.
Paris, March 15, 2011.
For the French Superior Audiovisual Council :
Le président,
M. Boyon