France

[FR] CSA Makes Recommendations on Programmes in Category V

IRIS 2003-10:1/12

Clélia Zérah

Légipresse

On 22 October the Conseil supérieur de l'audiovisuel (audiovisual regulatory body ­ CSA) published a recommendation for editors and distributors of television services broadcasting "cinematographic works that may not be shown to anyone under the age of 18 and pornographic or extremely violent programmes that may only be shown to discerning adults, likely to be damaging to the physical, mental or moral development of people under the age of 18" ("Category V programmes").

This recommendation follows on from a deliberation adopted by the CSA on 25 March 2003 providing that "for the broadcasting in digital mode of services broadcasting Category V programmes there must, in addition to the access control mechanism, also be an effective mechanism for blocking access to these programmes requiring the drawing up of a parental code to be supplied, subject to appropriate guarantees, to adult subscribers only; this technical system must meet the criteria laid down by the CSA".

The main purpose of the criteria listed by the CSA is to protect young people. With this in mind, the CSA advocates that Category V programmes should be subject, in addition to controlled access, to a special block making access impossible without entering a personal code. Subscribers should not be able to override the protection system, and would need to be informed at the time of signing the subscription contract of the lasting harm viewing this type of programme may cause to young people. Moreover, entering a personal code should be a prerequisite for being able to record programmes of this type.

Furthermore, Category V programmes may not be accessible in the context of promotional offers made to people who have not specifically decided to subscribe to the service and have access to these programmes.

Lastly, the editors and distributors concerned will be required to supply the CSA with an annual report on the implementation of the measures intended to prevent young people gaining access to Category V programmes.


References


This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.