France

[FR] CSA Recommendation on Minimum Age Marking and Programme Classification

IRIS 2005-8:1/20

Philie Marcangelo-Leos

Légipresse

On 7 June 2005 the Conseil supérieur de l'audiovisuel (national audiovisual regulatory body - CSA) adopted a recommendation directed at the editors of television services broadcasting on all the networks (terrestrial, cable, satellite, Internet, ADSL, etc) on minimum age marking and programme classification with regard to the protection of minors. The text recalls established principles, states that its main intention is to extend these obligations, until now contained in the agreements, to all channels, particularly those merely requiring declaration because they do not constitute a service providing local information and have an annual budget of less than EUR 150.000. According to these provisions, the editors of television services, whatever the medium or broadcasting mode, must take the necessary precautions to ensure that, “between the hours of 6 am and 10 pm, and more particularly during the time devoted to broadcasts directed at young people, violence, including psychological violence, may not be perceived as continuous, omnipresent or presented as the only solution to a conflict situation”. The text uses the current classification of programmes into five categories according to their acceptability as regards the protection of children and young people and applies the corresponding marking and programming conditions. The protection of young people constitutes one of the CSA's fundamental missions, assigned to it by Article 15 of the Act of 30 September 1986 on freedom of communication (see IRIS 2004-1: 12 and IRIS 2005-2: 12). By working in conjunction with the channels it has been possible to determine arrangements for the protection of minors and to include them in the agreements with private channels and in the statutory specifications for public-sector channels. As a result of the change in the legal framework applicable to the various media, and more particularly the introduction of the declaration scheme alongside the scheme for authorisation under an agreement, the CSA produced a recommendation applicable to all editors. On 10 February 2004, the CSA had opted for deliberation and prohibited the broadcasting between 6 am and 10.30 pm of programmes likely to disturb listeners under the age of 16 (see IRIS 2004-4: 9).


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