France

[FR] CSA Deliberates on Protection of Young People on On-demand AVMSs

IRIS 2011-2:1/27

Amélie Blocman

Légipresse

Following on from the Decree of 12 November 2010 (see IRIS 2011-1/26), the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) has adopted a deliberation on the protection of young people, ethical rules, and the accessibility of programmes on on-demand audiovisual media services established in France. Article 15 of the Act of 30 September 1986 gives the CSA responsibility for protecting young people, and requires it to ensure the implementation of all possible means adapted to the nature of on-demand audiovisual media services. The development of a method of consumption that gives viewers a wide freedom of choice increases the potential for young people to be exposed to content that might be damaging for them. This has led the CSA to lay down specific rules for on-demand audiovisual media services. Its recommendation establishes a classification of programmes according to five levels of acceptability in relation to the need to protect young children and teenagers: for the general public; including scenes likely to be harmful for children under 10 years of age; cinematographic works and programmes not to be shown to anyone under 12 years of age; those not to be shown to anyone under 16 years of age; those not to be shown to anyone under 18 years of age. Signing is associated with each of these categories, in the form of round white pictograms showing the age limit in black, and the editor is required to show this. The deliberation requires the service editors to promote a “general public” area and limit the availability of programmes not advised for anyone under the age of 16 years free of charge, during the day. Furthermore, “Category V” programmes (not to be shown to anyone under the age of 18 years) are only to be marketed as part of an offer for which a charge is made, either by subscription or as pay-per-view, and are to be isolated in a reserved space, together with the images, descriptions, extracts, trailers and advertisements for the programmes. The deliberation also requires the setting up of technical blocks for the areas reserved for programmes in this category, which may only be made available to the subscribing public between 10.30 p.m. and 5 a.m., although this may be waived if the majority of subscribers have been checked. More generally, the editor of an on-demand AVMS will be required to ensure observance of the code of ethics for programmes (human dignity, combating different forms of discrimination, honesty of information, respect of personal rights, etc). The deliberation, applicable from 1 January 2011, nevertheless allows a period of grace until 1 September 2011 for setting up the filters for programmes not to be shown to anyone under the age of 18 years and until 1 January 2012 for signing.