France

[FR] CSA Details Arrangements for Broadcasting Violent or Pornographic Programmes

IRIS 2003-4:1/18

Amélie Blocman

Légipresse

After calling for a ban on broadcasting pornographic films on television (see IRIS 2002-8: 7 and IRIS 2002-10: 10) taking note of the recommendations contained in the Kriegel report on violence on television (see IRIS 2003-1: 9), the Conseil supérieur de l'audiovisuel (audio-visual regulatory body - CSA) has now adopted a deliberation that details and supplements the existing arrangements in order to restrict the broadcasting of programmes of this type on television (programmes that fall into the so-called "Category V", which covers "cinematographic works that may not be shown to young people under the age of 18 and pornographic or extremely violent programmes that may only be shown to informed adults and could possibly be damaging to the physical, mental or moral development of young people under the age of 18").

Based on this, the CSA stated that it would not authorise the broadcasting of such programmes except by services with the status of a "cinema" channel (XXL, TPS Star et Cinéma, etc) carrying specific investment undertakings, by encrypted channels having made substantial commitments contributing to production (Canal +), or by pay-per-view services (Kiosque, Multivision), subject to their presenting specific guarantees concerning the restriction of access by young people under the age of 18. The rule according to which such programmes may only be broadcast between the hours of midnight and 5 am, which is already included in all the agreements for services authorised to broadcast Category V programmes, is repeated here.

For services broadcasting these programmes in digital mode, the CSA is imposing, in addition to the arrangements for restricting access, the implementation of an effective mechanism blocking access to such programmes that requires a parental code to be entered, with the appropriate guarantees; the code would only be supplied to adult subscribers. This technical device will have to meet the criteria laid down by the CSA. In addition, the CSA will ensure that the number of broadcasts of Category V programmes on each of these services, established when examining each application individually, is limited and the limit included in each agreement.

Lastly, services including Category V programmes may not be included in basic offers and must be marketed as an option; furthermore, such options may not include services directed at children or young people. These programmes must only be accessible to the subscriber, and may not be used for promotional offers.

According to the CSA, these arrangements will fulfil the objective of protecting children and young people incumbent upon it by virtue of Article 15 of the Act of 30 September 1986.