Opinion no. 2013-18 of December 11, 2013 concerning an amendment to the specifications of the national program company in charge of France's external audiovisual services.

On November 26, 2013, pursuant to article 48 of the French law no. 86-1067 of September 30, 1986 on freedom of communication, the Government referred to the French Superior Audiovisual Council for its opinion a draft decree amending the specifications of the national program company in charge of France's external audiovisual services. These specifications were set by decree no. 2012-85 of January 25, 2012, following an opinion issued by the council on January 10, 2012.

The draft decree introduces the names of the France 24, RFI and Monte Carlo Doualiya (MCD) services and removes the reference to Audiovisuel extérieur de la France.

It also covers terrestrial hertzian diffusion in mainland France.

Lastly, it makes provision for cooperation arrangements between France Médias Monde and TV5 Monde in line with the development of their capital ties.The French Superior Audiovisual Council, having deliberated in plenary session on December 11, 2013, issues the following opinion.

I. - Affirmation of identities

The Board welcomes the amendment to the specifications affirming the identity of the three media by naming them, as the Board expressed its wish to do in its opinion of January 10, 2012 on the draft decree setting out the specifications.In the same spirit, the Board considers that the new name of the national program company in charge of France's external audiovisual services, France Médias Monde, should be included in the specifications.

II - Diffusion in France

The proposed amendments to article 7 of the specifications aim to :

• for France 24, to enable it to be broadcast terrestrially, in French, English or Arabic, in all or part of mainland France;
• for RFI, to extend its diffusion to parts of mainland France other than the Ile-de-France region;
• for MCD, to allow its diffusion to certain parts of mainland France.

These modifications to the specifications are a prerequisite to the proceedings for the allocation of frequencies to the public sector provided for in article 26 of the law of September 30, 1986, whereby the government requests the Board to give priority to national program companies or their subsidiaries "fulfilling public service obligations, the right to use the radioelectric resource necessary for the accomplishment of their public service missions".

The Conseil recalls that it has a margin of discretion in implementing the aforementioned article 26, in accordance with the jurisprudence of the Conseil d'Etat (opinion no. 384.741 of January 25, 2011).

In particular, it is responsible for examining the demands made by the Government with regard to the rules of competition and plurality.

• With regard to France 24, the Board notes that the addition to the fifth paragraph of article 7 goes beyond the Government's intention, expressed to date, to show France 24 in the Ile-de-France region.

The Board also notes that article¹ of the specifications stipulates that the company in charge of foreign audiovisuel "coordinates a supply of services [...] intended for the international public as well as the French public living abroad". There is no specific mention in the specifications of the possibility of France 24 also targeting a French audience. In order for the Board to grant the priority allocation demand provided for in article 26 of the law of September 30, 1986, it is necessary for the specifications to include the French public among France 24's target audiences, as is made provision for RFI and MCD (2° of article 2, which makes provision for RFI and MCD to be aimed at foreign audiences, including those resident in France).

In any case, the Conseil considers that France 24's terrestrial hertzian diffusion in mainland France should not be subject to any specific advertising opting-out that could undermine competition and plurality.

The Conseil notes that article 2, 1° of the specifications relating to the editorial identity of the services, as amended by the draft decree, mentions "a supply of television services called France 24", shown in French, English and Arabic. Consequently, the wording proposed by the draft decree for article 7, which refers to a single service called France 24 ("the television service called France 24 in French, English or Arabic"), should be replaced by "a service called France 24 [...]".

• With regard to the amendment to the specifications to allow RFI to be broadcast terrestrially "in other parts of mainland France" than the Ile-de-France region, and Monte Carlo Doualiya to be broadcast in "certain parts of mainland France", the Conseil notes that this is in line with the missions assigned to the two services by the specifications. However, it points out that such deployment is conditional in particular on the availability of radioelectric resources and the implementation of the priority frequency reservation proceedings, for which the Board has a margin of discretion.

III - TV5 and the French-speaking world

The Board approves the proposed new wording of the specifications with regard to relations between France Médias Monde and TV5 Monde (deletion of references to TV5 Monde in the preamble, deletion of article 4, introduction of an article 42-1), of which France Télévisions once again became the leading shareholder on May 23, 2013.However, it points out that under the provisions of article 44 IV of the French law of September 30, 1986, the company in charge of foreign audiovisuel has the mission of "contributing to the diffusion and promotion of the French language and French and French-speaking cultures".

However, the draft decree amending the specifications deletes several references to the French-speaking world and French culture.

The Board considers these deletions to be inappropriate, given that the three media of France Médias Monde actively contribute to the promotion of the French-speaking world in a way that complements TV5 Monde.

IV - Other proposals

The Board proposes that France Médias Monde's specifications be brought into line with recent developments in national terrestrial channel agreements.

• in article 20, section II, paragraph 1 ("Honesty of news and programs"), delete the word "delinquent": the principle of anonymity applies to all persons under 18, and the deletion of this adjective is consistent with the wording of the last paragraph of article 22 of the specifications relating to the protection of minors;
• in the last sentence of the sixth paragraph of article 21 of the specifications ("Personal rights"), delete the words "in the event of prejudice": the right to recourse must not be conditional on the prior existence of prejudice.

Paris, December 11, 2013.
For the French Superior Audiovisual Council
The Chairman,
O. Schrameck