Opinion no. 2014-9 of June 4, 2014 on an amendment to the specifications of the national program company in charge of France's external audiovisuel.

Pursuant to article 48 of French law no. 86-1067 of September 30, 1986 on freedom of communication, the Government referred to the French Superior Audiovisual Council for an opinion, in a letter dated May 7, 2014, on 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 (opinion no. 2012-01). It was amended for the first time by decree no. 2014-60 of January 27, 2014, following an opinion issued by the Council on December 11, 2013 (opinion no. 2013-18).

The French Superior Audiovisual Council, having deliberated in plenary session on June 4, 2014, issues the following opinion.

I. - Stipulations making provision for France Médias Monde media to address the French public residing in France

The draft decree aims to ensure that France Médias Monde's specifications make provision for the television and radio services concerned (France 24, RFI, Monte Carlo Doualiya) to also address the French public residing in France.

The modifications introduced to this effect by the draft decree (inserted in articles 1 and 2 of the specifications) are consistent with the requests for priority allocation of the radioelectric resource to France Médias Monde made by the Government to the Council in application of article 26 of law no. 86-1067 of September 30, 1986.

Moreover, they are in line with the aforementioned opinion issued by the Board on December 11, 2013 on an initial amendment to France Médias Monde's specifications.

The Board can therefore only approve them.

II. - Other amendments that do not raise any difficulties

The other amendments to the specifications set out in the draft decree do not summon any particular comments from the Board.

The Board is pleased to note the amendment to the specifications (article 42) to the effect that the diffusion of content already broadcast by France Télévisions or Radio France must be accompanied by an acknowledgement of the source.

III. - Additional modifications to the specifications desired by the Board

1. Reiteration of the demands made by the council in its opinion no. 2013-18 of December 11, 2013 and not incorporated into decree no. 2014-60 of January 27, 2014

In its opinion of December 11, 2013 on the draft decree amending FMM's specifications, the Board had proposed amendments to the Government aimed at bringing this text into line with certain recent developments in national terrestrial channel agreements. These were as follows

• in article 20 of the schedule of conditions ("Honesty of information and programs"), to delete the word "delinquents": the principle of anonymity is general for minors, and the deletion of this adjective is consistent with the wording of the last paragraph of article 22 of the schedule of conditions relating to the protection of minors;
• in article 21 of the specifications ("Personal rights"), delete the words "in the event of prejudice", since the right to recourse should not be conditional on the prior existence of prejudice.

The Board repeats these two proposed amendments to France Médias Monde's specifications.

2. New proposal to amend France Médias Monde's specifications

As part of this new amendment to France Médias Monde's terms and conditions, the Board proposes the inclusion of an article 22 bis on women's rights, worded as follows:

"La société s'engage à assurer le respect des droits des femmes en veillant, d'une part, à une juste représentation des femmes et des hommes dans les programmes qu'elle diffuse, d'autre part, à l'image des femmes qui apparaît dans ces programmes notamment en lutant contre les stéréotypes, les préjugés sexistes, les images dégradantes, les violences faites aux femmes et les violences commises au sein du couple.

It contributes to the fight against sexist prejudice and violence against women by diffusing programs on these subjects.

The company establishes qualitative and quantitative indicators on the representation of women and men in its programs.

The company also implements actions in favor of women's rights, with a particular focus on promoting equality between men and women.

The contract of objectives and means concluded between the State and France Média Monde includes quantified objectives concerning the place of women on its airwaves."

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

Paris, June 4, 2014.
For the French Superior Audiovisual Council
The Chairman,
O. Schrameck