Opinion No. 2014-13 of September 17, 2014 on the draft decree amending the specifications of the national program company France Télévisions.

The French Superior Audiovisual Council,

Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles 27 and 48;

Having regard to decree no. 2009-796 of June 23, 2009 setting out the specifications of the national programming company France Télévisions;

Vu le décret n° 2010-747 du 2 juillet 2010 relatif à la contribution à la production d'œuvres cinématographiques et audiovisuelles des services de télévision diffusés par voie hertzienne terrestre ;

Having regard to the submission of a case before the court by the French Ministry of culture and communication on July 25, 2014 concerning a draft decree amending the specifications of France Télévisions;

Having deliberated on September 17, 2014,

Issues the following opinion:

1. Consideration of the inter-professional agreement reached between France Télévisions and the union of animation film producers.

The Council takes note of the integration of the provisions relating to the scope of assigned rights contained in the agreement signed between France Télévisions and the animated film producers' union (SPFA) on May 27, 2014.

It has already had occasion to express its attachment to the conclusion of professional agreements between service editors and professional organizations representing audiovisual creation, and to appreciate the scheme that makes it possible to adapt the specific terms of the editors' contribution to the development of audiovisual production.

2. Adaptation of programming schedules for the first part of the evening.

The Council notes that this draft decree puts an end to a symbolic measure linked to the elimination of advertising between 8 p.m. and 6 a.m. in the programs of France Télévisions' national services.

The aim was to guarantee viewers favorable conditions for programming in the second and third parts of the evening. Under the provisions of this measure, France Télévisions was able to start its first part-evening programs ahead of its main competitors.

However, France Télévisions did not manage to respect this schedule, considering in particular that it constituted a disadvantage compared to other channels, to the detriment of the exposure of these programs.

The Conseil considers that, at the very least, the removal of the explicit reference to a set schedule will mean that France Télévisions will no longer find itself in contradiction with the provisions of article 19 of its specifications.

Nevertheless, the French Superior Audiovisual Council wishes to ensure that the time announced by public broadcasters for the launch of evening programs is strictly respected, in accordance with the deliberations of the French Superior Audiovisual Council of November 26, 2002.

It will also ensure that the second and third parts of the evening are not relegated to times that are too late, insofar as the programs presented in these slots contribute to supporting creativity or guaranteeing freedom of information and the plurality of currents of thought and opinion.

Under these conditions, the Council has no objection to this amendment to the specifications.

3. Proposal to update the regulatory framework for program classification.

The Conseil would also like to summon the attention of the authorities to the need to modify the scheme set out in the third paragraph of article 36 of the specifications.

This scheme, in place since 2003, is no longer identical to that applied to other audiovisuel operators. It is therefore proposed, in the third paragraph of article 36 of France Télévisions' schedule of conditions, to refer to the French Superior Audiovisual Council's notice of June 7, 2005 to television service editors concerning the identification of programmes for younger viewers and the classification of programmes.

The third paragraph of the aforementioned Article 36 could be worded as follows: " It implements, for its entire program supply, the scheme for the protection of young viewers, in particular the French Superior Audiovisual Council's notice of June 7, 2005 to television service editors concerning the labelling of young viewers and the classification of programs".

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

Paris, September 17, 2014.

For the French Superior Audiovisual Council
The Chairman,
O. Schrameck