The French Superior Audiovisual Council publishes its opinion on the draft decree on on-demand audiovisual media services (SMAD)

The French Superior Audiovisual Council has issued a favorable opinion to the Government on the draft decree on on-demand audiovisual media services (SMAD), with a number of comments.

It underlines the major step this text represents in modernising the scheme for financing creation, against a backdrop of profound change in the audiovisual industry. With the rise of digital technology, new modes of reception have developed, uses have evolved, and supplies have diversified in terms of content and reception methods. In line with the new European directive on audiovisual media services (AVMS), the draft decree lays down the terms and conditions for international video-on-demand platforms targeting French territory to meet their obligations to finance cinematographic and audiovisual works. These new players will thus play their part in supporting the creation and diffusion of works beyond our borders.

The draft decree broadens the scope of the regulator's remit, giving it the tools it needs to modulate the applicable rules to take account of the specific characteristics of each on-demand audiovisual media service. In this respect, the Council will be able to draw on inter-professional agreements that may be concluded between the latter and professional organizations in the creative sector.

This text comes at a time when discussions are underway on the development of media release chronology and the reform of TV channel obligations. In this respect, the Conseil reiterates the importance of ensuring the overall coherence of the scheme to support creation, and of correcting nbalanced regulations between audiovisual media service editor categories.

Once the decree has been issued, the French Superior Audiovisual Council is determined to implement its provisions in the best possible conditions. It will maintain constant dialogue with its European counterparts within the ERGA to ensure effective, consistent regulation of international players present on European territory.