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IRIS 2017-8:1/18

France

Considerations on rules for advertising on television

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Amélie Blocman

Légipresse

On 19 July 2017, when it examined the possibility of extending the authorisation to broadcast granted to the television channel TF1, the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - “CSA”) announced that it was allowing the group’s request that the general rules governing advertising spots laid down by decree in 1992 should apply: the relevant Decree authorises commercial breaks during television news programmes that last more than thirty minutes. This would make it possible to introduce advertising, but observing the present limit of twelve minutes of advertising per hour. On the other hand, the CSA refused a request lodged by the channel for a reduction in its obligations regarding the broadcasting of news programmes; it also rejected further requests by the channel to reduce the number of programmes directed at young people and to introduce cross-promotion with the news channel LCI.

At the same time, the Government has announced that a public consultation will be held until 13 October 2017 to gather the comments of stakeholders on was to simplify the rules for advertising on television, as laid down in Act No. 86-1067 of 30 September 1986 and Decree No. 92-280 of 27 March 1992 (which cover sponsorship, tele-shopping, sectors not allowed to advertise, interruptions for commercial breaks, etc.). The stated aim is to create an environment that is more favourable to boosting the audiovisual sector in the present difficult economic context (given the falling value of the advertising market in the past ten years and unequal competition among the major digital stakeholders, which have to comply with much less demanding rules (in terms of both advertising and financing creation). The possibility of extending the maximum amount of time that advertisements may last, relaxing the rules governing commercial breaks in programmes, and the pertinence of introducing a third break in films are also under consideration. The Ministry of Culture is also consulting stakeholders on conditions for broadcasting teleshopping programmes, which at present may not include commercial breaks. Introducing ‘”tele-shopping spots” - offers made direct to the public outside teleprogrammes - is being considered. Discussions will be continued in the autumn.

References
Ministère de la Culture, Consultation publique sur la simplification des règles relatives à la publicité télévisée, août 2017 FR
 http://merlin.obs.coe.int/redirect.php?id=18636
 
  Ministry of Culture, Public consultation on simplifying the rules for advertising on television, August 2017