France

[FR] Framework for Advertising on Television for the Press and Publishing Sector

IRIS 2004-2:1/24

Clélia Zérah

Légipresse

The CSA (Conseil supérieur de l'audiovisuel ­ audiovisual regulatory body) published two recommendations on 18 December 2003 that lay down the methods for implementing the Decree of 7 October 2003 on advertising on television for sectors that were previously prohibited from advertising ­ namely the press and publishing ­ thereby exercising its powers of interpretation.

Since 1 January, the press and the literary publishing industry have had full access to advertising on television. The CSA feels that this new possibility should be considered as an "extension of the freedom of the press".

In respect of advertising that could have a degree of political content, the CSA draws a distinction between "normal" periods, during which the concept of editorial freedom is to prevail, and pre-election periods, during which the CSA will remain vigilant regarding the balance of the various political forces. Apart from advertising that may have political content, advertising spots in favour of the press or literary publishing must also incorporate the prohibitions of access to advertising on television that apply to certain sectors, such as tobacco, alcoholic beverages, medicines that cannot be obtained without a doctor's prescription, firearms and the cinema. Advertising in respect of pornographic publications is prohibited on channels not authorised to broadcast programmes and works that may not be shown to young people under the age of 18.

Literary publishing may only be advertised on television on those television services that are distributed exclusively by cable or broadcast by satellite; advertising in favour of books and collections continues to be prohibited on the other services broadcast terrestrially.

The CSA nevertheless stated that the guidelines it was proposing "should, of course, be appreciated on an individual basis".