France

[FR] CSA Sets Rules for the Participation of Minors in Television Broadcasts

IRIS 2007-6:1/17

Amélie Blocman

Légipresse

As the guarantor, under Article 15 of the Act of 30 September 1986, of the protection of children and young people on television, the Conseil Supérieur de l’Audiovisuel (audiovisual regulatory body - CSA) adopted, on 17 April, a deliberation concerning the participation of minors in television broadcasts. Expanding upon the undertakings contained in the agreements between the CSA and the channels, the purpose of this deliberation is to set out in detail the arrangements required of all French television services in order to “preserve the physical, mental and moral development of young participants”, according to the text. The CSA had noted the increase in the number of such programmes, whether they involved participation in reality TV shows and games, interviews as part of reports, studio broadcasts or documentaries, and this had encouraged it in its desire to lay down a framework of ethical rules. Although the participation of young people in cinematographic or audiovisual works of fiction is governed by the Employment Code (subject to the prior agreement of the special commission for children in shows), there is no comparable provision for other programmes broadcast on television.

Firstly, the CSA encourages the development of broadcasts during which children and young people are able to express their opinions on matters that concern them, in compliance with Article 13 of the New York Convention, which upholds a child’s right to freedom of expression. Their participation is nevertheless subject to prior authorisation from all parties with parental authority, and the agreement of the minor in person, if he/she is capable of discernment. Moreover, the parents and the minor should be told in advance, at the time of giving their consent, of the theme of the broadcast, its title, and its aim. The parents or guardians should also be informed specifically, in writing, that they have a right to retract, subject to the conditions provided for in regulations and case law and precedent. Television services must also avoid dramatisation and derision in their treatment of the minors’ participation. They must also refrain from asking for participation from a minor in a difficult situation in his/her private life where there is a risk of stigmatisation after the programme has been broadcast, unless they can ensure total protection of the minor’s identity (face, voice, name, address, etc) by the use of appropriate technical processes making identification impossible. Lastly, the CSA called for the participation of minors in broadcasts to be regulated by a charter for each television service. This charter, which should define the means of respecting the sensitivity of children, would be appended to the authorisations signed by the holders of parental authority.