Opinion no. 2013-08 of June 4, 2013 on a draft legislation on equality between women and men amending law no. 86-1067 of September 30, 1986.

The French Superior Audiovisual Council (Conseil supérieur de l'audiovisuel), meeting in plenary session on June 4, 2013, has been asked by the Government to give its opinion on two articles of a draft legislation on equality between women and men, pursuant to Article 9 of Law no. 86-1067 of September 30, 1986 on freedom of communication.

I. - General comments

The Conseil recalls its attachment to the constitutional principles of equality between men and women and equal access of women and men to electoral mandates and elective offices, as well as to professional and social responsibilities, the latter having recently been recalled by the Conseil d'Etat in a decision of May 7, 2013 (Assemblée, no. 362280).

It considers that the increase in women's rights summons the mobilization of all players in society so that equality between women and men becomes a priority in all sectors.

The audiovisual media, because they help shape minds, play a decisive role in increasing these rights. The issue of women's rights as applied to the media must take into account not only their representation on air, but also their place in this specific sector of economic activity.

As an independent authority, the Conseil has a duty to set an example for the State in the field of parity, in order to give itself the means to change the way public policies are formulated. We welcome the legislator's move to make parity effective within the regulatory bodies, which also corresponds to a better balance and representativeness of the college, as recommended in the French National Assembly's public policy assessment and control committee's report (no. 2925) of October 28, 2010 on independent administrative authorities.

II - Comments on the specific schemes submitted for the Board's opinion

Provisions concerning the Board's powers

With regard to the introduction of a third paragraph to article 3-1 of the law of September 30, 1986, which defines the role and missions of the Conseil, the Conseil approves the proposed wording, which gives it explicit jurisdiction over women's rights, thus strengthening its scope of intervention with regard to any breach of these rights. It notes the legislator's intention to entrust it with the power to monitor the fair representation of women on audiovisual communication services and their image.

It notes that abiding by the provisions introduced by law no. 2010-769 of July 9, 2010 on violence against women is now at the heart of its missions. However, the Council would like to see the fight agains stereotypes asserted first and foremost in the wording of the article, as this is the first step in the gradation of provisions.

The Council also regrets that the draft does not include a provision in the fourth paragraph of the same article enabling it to enter into a dialogue with publishers concerning their own structure, so that they can reconcile their development objectives with the protection of women's rights.

With regard to on-air programming, the Council endorses the introduction of a new article 20-5 in the law of September 30, 1986. It stresses the need for editors' commitment to a positive editorial approach that contributes to the fight against sexist prejudice and violence against women, and will be consulting editors on the conditions of application of this article. However, to guarantee equal treatment, the Council points out that this provision should also apply to radio providers.

The draft legislation amends article 43-11 of the September 30, 1986 law on the missions of public-sector companies, making provision for the words "sexist prejudice" to be replaced by: "women's rights. In particular, they are committed to promoting equality between women and men and fight agains sexist prejudices" and, secondly, by deleting the words: "and equality between men and women". The Conseil notes that the legislator thus intends to strengthen the public service's contribution, through its actions, to increasing women's rights in all their aspects. For its part, the Conseil will continue to pay close attention to ensuring that the public service fully plays its role as the audiovisual industry's point of reference on this issue, and makes it a top-priority objective.

Schemes to establish parity within independent administrative authorities

The Conseil questions the use of ordinances to institute parity within independent administrative authorities. It stresses the importance of a parliamentary debate on the methods of appointment to these authorities.

The Conseil approves the progress represented by the introduction of parity or, failing that, the setting of a minimum threshold of 40% of each sex on the boards of independent administrative authorities. Should it not be possible to achieve parity or this minimum threshold with each new appointment, the Council considers that each appointment should itself contribute to ensuring that parity or this minimum threshold is respected within the college in question.

This notice will be published in the Journal officiel de la République française.

Paris, June 4, 2013.

The Chairman,
O. Schrameck