Opinion no. 2016-9 of May 4, 2016 on the modification of the specifications of the national program companies France Télévisions, Radio France and France Médias Monde.

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 9 and 48;

Having regard to the decree of November 13, 1987 approving the specifications of the missions and obligations of Radio France and the Institut national de l'audiovisuel;

Vu le décret n° 2009-796 du 23 juin 2009 fixant le cahier des charges de la société nationale de programme France Télévisions ;

Vu le décret n° 2012-85 du 25 janvier 2012 fixant le cahier des charges de la société nationale de programme en charge de l'audiovisuel extérieur de la France ;

Having regard to the submission of a case before the court by the French Ministry of culture and communication on April 25, 2016, concerning a draft decree amending the specifications of the national program companies France Télévisions, Radio France and the société en charge de l'audiovisuel extérieur de la France;

Having deliberated on May 4, 2016,

Delivers the following opinion:

The changes to the specifications of the national program companies proposed by the Government are intended to enable the launch of the new public all-news channel.

This channel will be produced by France Télévisions in partnership with the other national program companies, Radio France and France Médias Monde, and with the participation of the Institut national de l'audiovisuel (INA).

As an introductory remark, the Conseil reminds us that the creation of a public news programme is perfectly in line with the public service missions listed in article 43-11 of the law of September 30, 1986 on freedom of communication, which national program companies must fulfill.

On the one hand, this project offers a new means of showcasing the recognized skills of the teams responsible for news - regional, overseas, national or international - on national program companies.

It also illustrates the ability of the public audiovisual companies - France Télévisions, Radio France, France Médias Monde and the Institut national de l'audiovisuel - to pool their know-how and means to improve the editorial supply offered to the public.

The Conseil notes that this new service will not be able to show advertising, which is likely to preserve the economic equilibrium of the sector, particularly for private channels of a similar nature.

Lastly, the Conseil considers that the launch of a new channel should be an opportunity for the public audiovisuel sector to set an example in the implementation of its obligations under article 43-11 of the law: to implement actions in favor of social cohesion, cultural diversity, the fight against discrimination, women's rights and the promotion of equality between men and women.

Concerning the modifications to the specifications of France Télévisions, Radio France and France Médias Monde proposed by the Government

- The main changes proposed by the Government concern the specifications of France Télévisions, which will assume editorial responsibility for the new service.

The proposed modifications do not summon any observations on the part of the Board.

Nevertheless, while the decision to make provision for an agreement mechanism to define the terms of cooperation between France Télévisions and the other two national program companies meets a legitimate need for flexibility, the Board demands that it be provided with each of these agreements and any amendments to them, as is necessary for the proper exercise of its missions. It proposes that this obligation be laid down in the various specifications.

With regard to program accessibility, the Council considers that France Télévisions' next contract of objectives and means should set out obligations identical to those of the other channels of the France Télévisions group.

- The government is also considering minor modifications to the specifications of Radio France and France Médias Monde.

The proposed modifications do not summon any observations on the part of the Board, subject to the observation made above concerning the transmission of agreements concluded between national program companies.

With regard to the provision of news programmes produced by France Médias Monde and Radio France for the benefit of the public news channel, the Conseil recalls that the editorial responsibility for these programmes lies with France Télévisions, irrespective of their visual identification on screen.

Additional proposals from the French Superior Audiovisual Council

The Conseil Supérieur de l'Audiovisuel considers that France Télévisions' terms and conditions should be supplemented: it considers that they are inadequate in terms of respect for rights and freedoms, compared with the agreements of private 24-hour news channels.

The Council therefore proposes the addition of specific provisions relating to :

• the need for caution in the diffusion of information or images concerning a person in danger;
• In this manager, article 35 of the decree setting out France Télévisions' specifications could be completed as follows: " The company shall ensure that its programs do not incite delinquent or uncivil behavior or practices ".

The 1st paragraph of article 36 of France Télévisions' specifications could also be completed by adding, after "France Télévisions shall ensure respect for human dignity", the following words: " The company shall respect the rights of individuals with regard to their privacy, image, honor and reputation, as defined by law and jurisprudence.

In particular, the company ensures that :

• to show restraint in the diffusion of images or testimonies likely to humiliate individuals;
• to avoid complacency in the evocation of human suffering, as well as any treatment that degrades or objectifies the individual;
• to ensure that the testimony of individuals on matters relating to their private lives is only taken with their informed consent; to show restraint when diffusing information or images concerning a victim or a person in a situation of danger or distress .

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

For the French Superior Audiovisual Council :

The Chairman,

O. SCHRAMECK