Commercial communications

Advertising is defined as "any form of televised message shown for remuneration or other consideration with a view either to promoting the supply of goods or services, including those presented under their generic name, in the context of a commercial, industrial, craft or professional activity, or to ensuring the commercial promotion of a public or private enterprise" (cf. Decree of March 27, 1992).

Messages of general interest from administrative, charitable or humanitarian organizations, of interest to the population as a whole, are not advertising. They may, however, be shown on advertising screens.

Arcom ensures that broadcasters comply with the following ethical rules:

• the requirement of truthfulness, decency and respect for the dignity of the human person and the credit of the State
• non-discrimination on grounds of race, sex or nationality, the absence of any scenes of violence or incitement to behavior prejudicial to the health or safety of persons or property, or to the protection of the environment
• the absence of any element likely to shock viewers' religious, philosophical or political convictions
• respect for consumer interests
• the prohibition of claims, indications or presentations that are false or likely to mislead consumers
• no moral or physical harm to persons under 18
• prohibition of surreptitious advertising and subliminal techniques; prohibition of the use of female presenters on news broadcasts and current affairs magazines
• use of the French language.

How should advertising screens appear?

On television

Arcom ensures that broadcasters comply with the rules governing the interruption of programs by advertising screens. A period of at least twenty minutes must elapse between two successive interruptions within the same program. These interruptions must be in harmony with the content of the program, particularly during natural breaks, to avoid the impromptu and premature interruption of a speech, interview or musical performance.

When a program is made up of autonomous parts, and for a sports program or a program broadcasting an event or show that includes intervals, advertising messages are inserted between these autonomous parts or in these intervals without any limit on the number of interruptions.

Finally, cinematographic and audiovisual works may not be the subject of more than two advertising breaks. And cinematographic works must be limited to a total duration of six minutes. However, the diffusion of an audiovisual or cinematographic work by France Télévisions, and that of a cinematographic work by cinema television services, may not be subject to any advertising interruption.

On radio

Arcom ensures that advertising messages are clearly announced and identified as such, in French, on both public and private radio stations.

According to private radio agreements, all advertising sequences must be preceded and closed by sound cues easily identifiable by listeners, or by animated announcements.

When listeners are invited to react by SMS or telephone, the operator is obliged to inform the public about the prices of premium-rate telephone calls (cf. article 4 of directive 97/7/EC of May 20, 1997, incorporated into article 14 of the decree of December 3, 1987 on consumer price information).

Following consultation with radio operators, Arcom decided on July 3, 2012 to adopt a new wording of the article in radio agreements concerning the mention of the cost of surcharged calls and SMS in order to balance between the specificities of the radio medium and consumer protection.

Under the new wording, referrals to premium-rate telephone services made live and outside advertising screens may not mention the price to be paid for their use, provided that the station shows pre-recorded messages indicating the price to be paid for their use. These pre-recorded messages must be shown from the first invitation to summon a premium-rate telephone service, and then at regular intervals during the program.

How much airtime is devoted to advertising?

On television

Arcom monitors the amount of airtime devoted to advertising, and intervenes with channels if the maximum duration set by agreements and operators' mission and specifications is exceeded.

Airtime devoted to advertising on private channels is regulated differently depending on the broadcasting method used:

• On channels shown on terrestrial hertzian channels (i.e. DTT), it is limited to a daily average of nine minutes per hour, and twelve minutes for a given clock hour. To encourage their rise, new DTT channels benefit from lighter rules for a period of seven years with effect from the start of broadcasts, with advertising time limited only by the ceiling of twelve minutes per given clock hour. At the end of this period, they must also respect the daily average of nine minutes per hour.
• On channels distributed by cable, broadband, optical fiber or shown by satellite, the duration of advertising is agreed with Arcom. It may not exceed twelve minutes for any given clock hour.

The rules governing the duration of commercials are stricter on public channels: they may not exceed six minutes per hour on average per day, nor eight minutes in any given clock hour.

In addition, since January 5, 2009, France Télévisions group channels (except France 3 régions) are no longer authorized to show commercials between 8pm and 6am. This scheme does not apply to sponsorships, general interest messages or generic advertising.

Finally, since January 1, 2018, no commercial advertising may be shown on France Télévisions channels fifteen minutes before and after a program intended primarily for children under twelve. This ban also applies to France Télévisions' on-demand audiovisual media services (SMAD) and websites aimed primarily at children under twelve.

On radio

The mission statements and specifications of Radio France and the société nationale de programme in charge of France's external audiovisuel (for RFI) impose a maximum time limit for advertising. Thus, for national programs, commercials are shown for a maximum of thirty minutes per day, on average over the year. For local private radio stations, the maximum time devoted to local advertising is 25% of the duration of the program of local interest, excluding advertising, per 24-hour period.

Advertising must be identified by a call sign easily recognizable by listeners, or by an appropriate animated announcement. For each channel, the maximum time devoted to advertising may not exceed :

• 17 minutes per day on average per calendar quarter
• 30 minutes on any given day
• 3 minutes per day between 7 a.m. and 9 a.m., averaged over the year
• 8 minutes per day between 7 a.m. and 9 a.m.
• 1.30 minutes for each sequence of advertising messages between 7 a.m. and 9 a.m.

Exchanges of services of an advertising nature (i.e. promotional messages for which payment is made by way of compensation as part of an exchange of goods or services) and messages of general interest are not taken into account when calculating advertising time.

For ethical, economic or public health reasons, certain sectors are prohibited from advertising on television:

• Alcoholic beverages (on public service and private television): Television advertising for beverages containing more than 1.2 degrees of alcohol is prohibited. Regarding the possible presence of alcoholic beverages in programs, Arcom strongly encourages editors showing alcohol-related programs to raise awareness among viewers of the health risks of alcohol abuse, and to point out that alcohol should be consumed in moderation.
• Alcoholic beverages (on public service radio): Radio France's advertising regulations are set out in chapter IV of the modified decree of November 13, 1987. Advertising is authorized on France Inter, France Info and France Bleu (national and local), with the exception of alcoholic beverages over 1.2 degrees and commercial operations for the retail sector. It is prohibited on the group's other stations.
• Alcoholic beverages (on private-sector radio) :Article L. 3323-2 of the French Public Health Code stipulates that "direct or indirect propaganda and advertising for alcoholic beverages whose manufacture and sale are not prohibited are authorized (...) by radio broadcasting for the categories of radio stations and in the time segments determined by decree of the Conseil d'Etat".

According to article R. 3323-1 of the French Public Health Code, incorporating the provisions of decree no. 92-1047 of September 23, 1992, direct or indirect propaganda and advertising by radio broadcasting in favor of beverages containing more than 1.2% alcohol by volume are authorized only :

• Wednesdays, between 0 a.m. and 7 a.m.
• on other days, between 0 a.m. and 5 p.m.".

These messages must not praise or encourage alcohol consumption, and must be accompanied by a health message stating that alcohol is dangerous to health(article L. 3323-4 of the French Public Health Code).

• Tobacco (and tobacco products): The law of January 10, 1991, known as the Évin law, whose provisions are now incorporated into the Public Health Code, introduced a comprehensive ban on advertising and propaganda for tobacco products. Since 2016, the Public Health Code has also prohibited advertising and propaganda for vaping products (electronic cigarettes and their components, refill bottles).
• Cinema: Advertising for a film currently being shown in cinemas or about to be shown in cinemas is prohibited on TV channels, with the exception of cinema services distributed by cable or broadcast by satellite or digital terrestrial hertzian means, in the case of programs subject to special access conditions. The promotion of film-derived products (video games, soundtracks, figurines, etc.) in advertising screens at the time of the film's theatrical release is also prohibited.

The programming of generic campaigns in favor of the cinema, encouraging viewers to visit cinemas, is authorized, provided that they do not include any reference to a film currently being shown or to an exhibitor.

Surreptitious advertising is characterized by "the verbal or visual presentation of goods, services, the name, trademark or activities of a producer of goods or a provider of services in programs, when this presentation is made for advertising purposes" (cf: Article 9 of the decree of March 27, 1992).

This practice is widespread, and is regularly sanctioned by Arcom. In the event of non-compliance by the broadcaster, Arcom can initiate legal sanctions proceedings, which may result in a financial penalty.

However, this does not rule out any references to goods or services in news programmes, provided they are of an informative nature.

Advertising is said to be surreptitious when goods, services or other brands are presented outside advertising screens for "advertising purposes", i.e. to promote rather than inform.

Arcom does not have to provide evidence that the promotion was carried out intentionally or in return for payment. It assesses the various practices detected on the airwaves on a case-by-case basis, before intervening if any of them appear to be contentious.

Arcom has an array of clues at its disposal:

• lack of plurality in the presentation of goods, services or brands
• complacency towards a particular product
• the frequency with which the product or trademark is quoted and/or displayed
• indication of an advertiser's address, telephone number or Internet address
• the absence of any critical eye.

Other criteria may be applied from time to time.

Sponsor identification

Arcom regularly complains to publishers about the lack of clear identification of the sponsor. This identification must take place at the beginning, end or during the program, and can be done using the sponsor's name, logo or other symbol, in particular by means of a reference to its products or services, or a distinctive sign.

When sponsorship is recalled during a program in the strict sense of the term (oral recall, on-screen inlay), i.e. apart from a recall during a commercial break in the program, mention of the sponsor is only possible insofar as it is punctual and discreet, and cannot take the form of an advertising slogan or product presentation. In trailers in the form of a sponsorship reminder, mention of the sponsor must also remain punctual and discreet, and be limited to recalling the contribution made by the sponsor.

During sports broadcasts, Arcom considers a one-off appearance to be one lasting no more than five seconds and separated from another appearance by the sponsor by an interval of at least ten minutes. To ensure discretion, the Authority accepts the inclusion of the sponsor's name or other means of identification, such as logo or trademarks, in a corner or at the edge of the screen.

Prohibition of direct incitement to purchase

Sponsored programs must not directly encourage the purchase or rental of the sponsor's products or services.

Sponsorship of gaming and contest programs

Sponsorship of gaming and competition programs may be accompanied by the awarding of prizes of the sponsor's products or services to participants, provided that no advertising is used.

In France, the law has given Arcom the power to set the conditions under which audiovisual communication service programs may include product placement (cf: Law of March 5, 2009). Arcom defined these conditions in its deliberation of February 16, 2010, published in the Journal Officiel of March 5, 2010.

This deliberation defines the practice of product placement. Product placement is defined as the supply, formalized by a contract, of goods or services whose brand is identifiable within the program.

Product placement is authorized only in cinematographic works, drama serials and video clips, except when these programs are intended for children. It is forbidden in other programs.

Certain products may not be placed, including tobacco products, alcoholic beverages, medicines, firearms and infant formula.

Programs containing product placement must meet the following requirements:

• their content and programming must in no way be influenced in such a way as to undermine the responsibility and editorial independence of the publisher ;
• they must not directly encourage the purchase or rental of third-party products or services, and may not include specific promotional references to such products, services or brands;
• they must not give unjustified prominence to such products, services or brands.

The deliberation of February 16, 2010, amended by that of July 24, 2012, makes provision for the conclusion of a contract between the producer and the advertiser, together with a duty of information on the part of the broadcaster when the product placement is made in a program produced, co-produced or pre-purchased by the latter.

The appearance of a pictogram for one minute at the start of a program and after each commercial break, as well as throughout the end credits, informs viewers of the existence of product placement. During the diffusion of a video clip, the pictogram appears for the duration of the clip. This pictogram, defined by Arcom, has been made available to channels.

To familiarize viewers with the pictogram, a message explaining its meaning must be shown at the start of the programs concerned, for the first two months of its use by the channel. Television services must also regularly inform viewers of the meaning of this pictogram.

Download the product placement pictogram here.

Through several deliberations, the latest of which dates from January 22, 2013, Arcom has detailed the criteria for defining services and programs shown as being aimed at minors, and extended the ban on commercial communications in favor of a gambling and gaming operator to the thirty minutes before and after the diffusion of these programs.

In addition, commercial communications must clearly indicate that they offer a legally authorized gambling service. The advertiser behind these communications must be clearly identified. Commercial communications must not depict persons under 18 or encourage them to gamble.

The resolution also stipulates that all commercial communications must be "accompanied by a message warning against excessive or pathological gambling, as well as a message listing the information and assistance scheme".

At Arcom's request, on January 7 and 31, 2011, television advertising agencies and radio providers of radio and their advertising agencies signed charters of good conduct aimed at controlling the volume and concentration of commercial communications in favor of legal gambling operators. Arcom is vigilant about the application of these charters.

In addition, on July 11, 2013, the various stakeholders (television and radio service editors, gaming operators, representative organization of the sports journalism profession) signed a charter of ethical commitments aimed at avoiding any distortion of broadcasts, particularly sports broadcasts.

The volume of advertising

At identical television settings, some sequences seem louder than others to some viewers. When the sound is turned down, all sound amplitudes are reduced in proportion to the maximum amplitude allowed. The listener, on the other hand, perceives the cumulative loudness, and this can vary significantly for the same maximum amplitude. This is what commercial producers exploit through dynamic sound compression, which consists in raising the amplitude of frequencies used below the maximum level.

This practice makes it possible to increase the perceived intensity without "increasing the sound" of the television, and therefore without the viewer's consent. As well as being uncomfortable, this practice is also commercially counter-productive, although it is difficult for some advertisers to give up using this means to highlight their commercials. This is why concerted regulation represents progress for all players.

Concerted action, the preferred modus operandi

In 2008, Arcom inaugurated a new regulation strategy, with the launch of cooperation with publishers and the help of audio specialists. The aim is to gain a better understanding of the physical phenomena involved, and to help publishers acquire the industrial means to manage sound without significantly modifying their program validation or rejection proceedings. Cooperation continued in 2009 and 2010 within the Digital Experts Technical Commission, culminating in new Arcom notices in 2011.

The notice adopted by Arcom on July 19, 2011 was the result of extensive consultation, and sets out guidelines compatible with those adopted by French professional and European regulation bodies.

The timetable for implementing Arcom's notices has enabled practices to improve since the start of 2012.

These notices, described in Arcom deliberation no. 2011-29 of July 19, 2011, apply to programs in diffusion, and take into account the efforts envisaged in production as established in the work carried out by the CST with the FICAM and the FAVN (Forum Audiovisuel numérique). Publishers, who provide the diffusion service, have to deal with the ready-to-broadcast content (cassettes or digital files) supplied to them: this is why the notices take into account the production date of the programs in question.

The notice aims to homogenize the loudness of programs and commercials by setting a target value for diffusion at -23 LUFS, with tolerances depending on program type and year of production.

All channels subject to French regulation must therefore have an average daily loudness of -23 LUFS, which helps to control sharp variations in "volume" when switching from one channel to another(zapping). Since January 1, 2013, they must also ensure that each program shown complies with the following targets, depending on its nature and year of production:

It is currently difficult to erase any variation in loudness during the diffusion of commercials, as the normal flow of the program is interrupted. Arcom's objectives are therefore to ensure that the highlights of commercials (which are often more numerous, since they are designed to convey a seductive message in a short space of time) are perceived, in the long term, with an intensity similar to that of the highlights of interrupted programs, and that the various components of a program schedule follow one another more harmoniously.

This method would enable channels to retain their own identity and sound color, while avoiding the need for viewers to switch channels during commercial breaks.

Every year, Arcom submits a report to Parliament on TV channels' compliance with equal sound volume between TV programs and advertising screen pages.

Between 2012 and 2014, Arcom submitted three reports, each covering:

• on the work carried out prior to the establishment of the method agreed by Arcom with industry players, without mentioning any measurement results, as these had to be produced during the 2012 and 2013 period following observation campaigns that required lengthy work to record, cut up and analyze audiovisual streams ;
• on a methodology for measuring the loudness of television services, programs and commercials, in consultation with all industry members. Arcom implemented this methodology to carry out measurements on the analysis of a few hours of channels, including all national channels shown on DTT. Prior to the actual measurements, the audiovisual streams to be analyzed undergo an initial indexing process, which manually identifies the various sequences (program, commercial, sponsorship, etc.) making up the television service;
• on new control measures, with particular vigilance on channels where sound intensity far from the target value had been identified during the 2012 and 2013 measurements, but also on certain channels that are the subject of viewer complaints.

In order to check that the deliberation was being properly applied by TV channels, an initial loudness measurement campaign was organized between September 2012 and March 2013 on around 100 channels shown on various networks (DTT, cable, satellite, broadband). It involved measuring the intensity of commercials, self-promotions, advertising jingles, sponsorships and programs, as well as 24-hour measurements of television services.

The results of this measurement campaign showed that DTT channels are making real efforts to apply the deliberation, and that the inhomogeneities that persist are mainly present in certain music channels and some foreign channels shown on third-party networks (such as ADSL, cable or satellite).

Arcom conducted a second measurement campaign in 2014. Particular attention was paid to television services which, during the 2012 and 2013 measurements, had obtained results far from the deliberation's recommendations. The findings of this new measurement campaign are on the whole encouraging, since several of these channels, particularly those present on DTT, have made the necessary efforts to implement its 2011 notices, thus helping to improve viewers' listening comfort.

Conversely, Arcom also notes the lack of action by other channels (some music or foreign channels available on distributors' networks). Arcom contacted television service editors who seemed to be experiencing difficulties in managing the loudness of their programs, to encourage them to take the necessary means to apply the deliberation.

During preliminary work on the deliberation and implementation of measurement campaigns, Arcom noted difficulties that could reduce the efforts made by publishers, advertisers and their service providers. The situation of distributors (broadband, satellite, fiber optics, cable) who can, sometimes without knowing it, intervene in the sound intensity of television services, but also that of manufacturers (televisions, receivers, amplifiers, etc.), can modify the quality of sound reproduction for the viewer. While these interventions should not, generally speaking, lead to advertising sequences being emphasized, they can, on the other hand, lead to situations where two different channels will, on average, be played at very different intensities, to the point of having to grab the remote control again in a hurry, whether to protect one's own ears, the neighbor, sleeping children, or loudspeakers.

What's more, other media offering audio content (DVD, Blu-Ray, radio, video-on-demand services, etc.) may still be subject to sound "bloat" practices, or aim for very different sound restitution levels, maintaining a form of discomfort for the listener. On the Internet, for certain audio and video content offered on Over The Top (OTT), the diffusion of advertising messages before or during the viewing of the program can sometimes significantly disrupt the user's listening comfort: indeed, it is still often the case that the sound intensity of advertisements is not harmonized, either between one advertising message and another, or between an advertising message and the program that follows.

These different situations are, and will continue to be, the subject of comments and suggestions from Arcom to the legislator and the government, especially as the European Broadcasting Union wishes to develop its notices so that better management of loudness is achieved for audiovisual services offered on the Internet.

Better information for channels not covered by French regulation, or by the European regulators to which they belong, could also help to improve viewer comfort. In fact, some foreign channels ignore the limits set for French channels, which can make browsing within thematic supplies, particularly music, difficult, and can lead to regulated channels being difficult to hear in comparison when, on the contrary, they prefer a certain sound quality.

As for TV channels, there is still room for improvement to avoid, for example, poorly audible dialogue covered by overly present background music, both in certain films and in variety programs. Finally, as new forms of audio coding emerge, notably "sound object" coding, Arcom will remain vigilant to ensure that a homogeneous television supply in terms of loudness continues to be available to viewers.

Arcom's notices and those of professional organizations are part of a legislative and regulatory framework that imposes sound volume control without, however, laying down precise technical constraints.

• Article 14 of Decree no. 92-280 of March 27, 1992, as amended: "The sound level of advertising sequences and the screens preceding and following them must not exceed the average sound level of the rest of the program, particularly with regard to the treatment of sound dynamics ",
• Article 27 of the law of September 30, 1986, amended by law no. 2009-879 of July 21, 2009 on hospital reform and patients, health and territories: A Conseil d'Etat decree lays down the general principles defining obligations concerning " the maintenance of a constant sound level for advertising sequences and the screens preceding and following them ",
• Article 177 of law no. 2010-788 of July 12, 2010 on the national commitment to the environment: " TV channels shall abide by the same sound volume for both TV programs and advertising screens. Each year, the French Superior Audiovisual Council submits a report to Parliament on TV channels' compliance with this obligation ".

To date, there are no schemes for the distribution of television services, or for the equipment used to play them back. Insofar as the difference between two TV channels is understood within a supply, and receivers can process the sound of the channels received, it would seem useful to Arcom if these two activities (distribution and supply of reception equipment) were also subject to rules designed to improve the situation for viewers.