Opinion no. 2009-5 of May 26, 2009 on the draft decree concerning the specifications of the national programming company France Télévisions

The Conseil supérieur de l'audiovisuel (French Superior Audiovisual Council) has been asked by the Government to give its opinion, pursuant to article 48 of law no. 86-1067 of September 30, 1986 on freedom of communication, on the draft decree concerning the specifications of the national program company France Télévisions. After deliberating in plenary session on May 26, 2009, it issued the following opinion.

This opinion follows on from the considerations and notices set out in the Conseil's June 2008 report entitled " Observations et propositions concernant la ligne éditoriale des chaînes de France Télévisions ". In this report, the Conseil reaffirmed the missions of public channels, which are to bring together the widest possible audience in all its diversity, by offering all programme types, with the highest standards of content and with the aim of achieving a high level of viewer satisfaction. To achieve these objectives, he recommended modernising the public service's legal managerial framework, with a single set of specifications and a contract of objectives and means to match the term of office of the group's chairman, as well as clarifying the channels' editorial lines, with a view to both diversifying content and making the channels more complementary.

I. The draft specifications include many of the Council's proposals

The Board is pleased to note that many of the proposals made in its report have been incorporated into the draft specifications.

In particular, it approves the drafting of a single set of specifications for the various channels of the single France Télévisions company, which will modernize the legal managerial framework applicable to public channels and increase synergies between their channels.

It notes that this single company guarantees respect for the collegiality of artistic selection bodies (article 2 of the draft specifications), which it had called for in its report as well as in its opinion of October 7, 2008 on the "draft legislation modernising the public audiovisual communication sector and relating to new audiovisual services". He would like this article to be supplemented by a provision on the diversity of project reception. As the guarantor of compliance with France Télévisions' specifications, the Board will ensure that this provision is properly applied when drawing up the company's annual report.

The Conseil is also pleased that the draft specifications include several of its proposals concerning program obligations. For example, the draft specifications group channel obligations at the level of the France Télévisions group, enabling its managers to comply with global objectives while retaining the necessary latitude to implement them on individual channels.

However, the Council questions two exceptions to the principle of setting obligations at group level. The draft legislation continues to assign the programming of religious programs to France 2 (article 15), even though the law no longer specifies a particular channel for their diffusion, and of a "news bulletin on overseas France" to France 3 (article 3-2°). The scheduling of religious programs on a specific channel will have to be re-examined at the end of November 2011, when, with the end of analog hertzian diffusion, the whole population will receive all digital hertzian channels under similar conditions.

In addition, the draft specifications give priority to program exposure targets rather than a systematic quantification of obligations. The Conseil is also pleased to note that, for the first time, the draft specification sets out obligations relating to programming times for public channels, for the first and second halves of evenings (article 18), with a view to respecting the public. The Conseil approves of the attention paid to the adaptation of these schedules overseas France, of which it would like to be kept informed by France Télévisions.

Furthermore, the Conseil considers that the daily exposure of a cultural program in the first part of the evening on one of the public channels (article 4) responds to its repeated offence concerning the late scheduling of certain programs with a cultural dimension. However, it hopes that this exposure will not be to the detriment of the diversity of their formats and themes. In this respect, the Conseil insists that the cultural vocation of public channels must continue to be reflected in programs with diversified genres and formats.

The Council is pleased to note France Télévisions' commitment to European audiovisual creation and original EOF, which is reflected in a broadcasting commitment for all the Group's channels that exceeds legal obligations, and in a contribution to audiovisual production well above the regulatory thresholds in force (article 9). As the draft terms and conditions refer to the contract of objectives and means for determining the breakdown of investments by genre, the Conseil will ensure that these commitments are respected. With a view to promoting the circulation of works between all broadcasters, the Council proposes to introduce a provision to this effect in article 9-I.

Among the updates to certain obligations it had summoned, the Council approves the introduction of a provision on the deployment of high-definition supplies. As article 19 of the draft specifications, relating to new technologies, refers directly to the contract of objectives and means to set these, the Conseil considers itself competent to ensure that these commitments are respected. This article should be supplemented by a list of the possibility of good mobile reception.

The draft specifications have also incorporated numerous provisions relating to the honesty and plurality of information contained in the agreements of private channels and now applicable to France Télévisions. However, the Council would like to see these provisions supplemented by ethical measures concerning the handling of ongoing legal cases and the verification of news sources.

The Conseil notes that the editorial lines of France 2 and France 3 reflect its proposals, particularly as regards the complementarity between national and regional news on France 3, as expressed both in its report and in its opinion on the draft legislation.

Lastly, we welcome the strengthening of the identity of RFO's local and regional generalist channels, the "télés pays", as called for in our July 2008 report on the development of digital television in French overseas collectivities. In view of the technological prospect of digital terrestrial reception of channels from mainland France in overseas France, the Conseil summons attention to the need to adapt, in the medium term, RFO's right to take over broadcasts from other TV channels.

II. The Council's reservations and proposals

The Board expresses reservations and presents proposals on other points of the draft specifications.

First of all, it wishes to reaffirm the importance of the reference value of public service, which must guide all the specifications.

It considers that certain major public service missions listed in the law, such as the promotion of the French language, innovation, plurality or the representation of diversity of origins and cultures, are ethical principles and must therefore permeate the programming of every France Télévisions service. It considers that the preamble should aim to specify these major transversal missions, and suggests that it be enriched to make them more explicit.

With regard to diversity in particular, the Council regrets that the draft specifications do not fully meet the ambitions of the law. The strengthening of its demands on the public broadcasting group could have been reflected, right from the preamble, in the affirmation that each France Télévisions channel contributes to the objective of better representation of the origins and cultures of French society.

With regard to France 4's editorial positioning, the Council understands France Télévisions' objective of rejuvenating its audience. However, it would like to point out that article 43-11 of the law stipulates that public channels must serve the public "in all its diversity". Consequently, the Conseil considers that the editorial line of France 4, like that of Mouv' for Radio France, should be defined by its programs and not by target and age segment. In this respect, it might be worthwhile to maintain France 4's current cultural, entertaining and international specificity. The Conseil also summons attention to the consequences of such a major change in the editorial positioning of a public channel on the balance of the entire audiovisuel landscape.

In any case, if some of France 4's programs were to be aimed at young people, and more specifically at children, this could only be an additional supply. Indeed, article 12 of the draft specifications clearly sets out the principle that programmes for younger viewers should be present and complementary on each of the group's channels. To protect youngsters, these programs should be clearly identified visually and audibly, as is the case for other France Télévisions channels.

With regard to the missions defined by the law concerning content, the Conseil would like to see a more concrete translation, with the existence of an obligation written either into a channel's editorial line, or into a specific article. The Conseil notes that two new missions obey these principles: the teaching of foreign languages, which is enshrined in article 24 of the draft specifications, and the promotion of regional languages, which appears in the editorial definition of France 3 and RFO. In addition, European issues are the subject of a specific article which the Council proposes to supplement.

On the other hand, the Council deplores the fact that some of the missions set out in the law, such as media education and economic literacy, are no longer the subject of an express provision. It therefore demands the introduction of two articles, one specifically devoted to media education and the other to professional life and economic knowledge, which would be separated from article 53 of the draft specifications, refocused on consumer information. It proposes strengthening article 37 on the French language. Finally, it demands the introduction of an article on product placement, recently authorized by law.

Furthermore, the Conseil believes that the benchmark value of public service broadcasting is not only to offer viewers the full range of programme types, but also to guarantee a specific tone. A certain program spirit, immediately recognizable, must have governed the design of the schedule, and justifies diffusion on channels largely financed by taxpayers. The Council proposes that this added value be based on a set of characteristic criteria and principles that are taken into account in the design and development of each program. These criteria could help to measure the qualitative dimension of programs and audience satisfaction, and could be used by the Program Advisory Committee that France Télévisions is soon to set up.

The Conseil believes that public channels must also distinguish themselves by the special attention they pay to their viewers, both on-air and on new media, and by the quality of the relationship they establish with them. In this respect, programs dealing with controversial historical or topical issues should be accompanied, whenever necessary, and at the very least when a person's honor may be at stake, by the diffusion of elements of understanding and critical analysis, for example through the organization of debates and the intervention of specialists.

This added public service value would also be reflected in an innovative type of writing, with a plurality of themes and a wide variety of formats. To meet this requirement, the Conseil proposes that a specific article be devoted to audiovisuel drama serie, the only major programme type not to have one. In particular, it would bring together the objectives, dispersed in different articles, relating to the diversity of exhibition slots and themes, as well as to the renewal of writing and formats. The Council also suggests that article 11 on documentaries should include a target for the diversity of show slots, to complement the strengthening of diffusion in the first half of the evening. It proposes that article 7 on scientific programs be clarified, by specifying the themes covered, particularly with regard to the natural sciences and the animal world.

In order to support the presence on air of programs that may be less popular, such as film club programs and short films, the Council is also in favor of introducing express provisions concerning them.

Finally, the Conseil considers that France Télévisions' obligations should be set at a realistic level, taking into account the channels' current programming. For this reason, it demands that the current scheduling arrangements for official election campaign broadcasts on each of France Télévisions' national channels be maintained.

The Conseil also considers that the proposed minimum of 100 points for the obligation to broadcast shows (article 6) should take into account the real efforts made by channels, estimated in 2008 at 211 points, excluding France Ô. It therefore proposes raising this threshold to 200 points.

The Conseil would like to see a strengthening of guarantees in favor of new works, in particular by extending the obligation to broadcast them in the first part of the evening to France 4 and France Ô, where appropriate with a gradual increase in costs.

It notes that the contribution to cinematic production will be calculated on the basis of the previous year's sales of France 2 and France 3, subject to the analytical accounting that France Télévisions has undertaken to put in place and which will be transmitted to it.

The Council also notes that France Télévisions may use its own production means to produce programs shown on the services it publishes. However, it demands that the financial value of the means of production used may not represent more than 30% of the investments declared as part of the contribution to the development of the production of European audiovisual works or works of original EOF defined in article 9. To this end, for each work declared as part of its contribution to audiovisual production, the company informs the Conseil of the proportion of financing provided by industry and the proportion provided in cash.

In the interests of transparency, the Conseil will thus be able to publish, in the reports it draws up on the contribution of public channels to audiovisual production, the proportion of financing provided by France Télévisions in industry through its own means, the financial amount of which it will henceforth demand for each work declared as a contribution to audiovisual production.

In the interests of constructive collaboration with the French Ministry of culture and communication, and in view of the deadlines involved, the Conseil is proposing editorial amendments to the existing articles to incorporate its comments. A table summarizing these proposed amendments is appended to this notice.

Paris, May 26th 2009,
For the French Superior Audiovisual Council,
Le Président,
M. BOYON

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