France

[FR] Agreements signed between the CSA and TF1 and M6

IRIS 1996-9:1/23

Britta Niere

European Audiovisual Observatory

On 31 July 1996, after negotiations lasting more than six months, Hervé Bourges on behalf of the Conseil Supérieur de l'Audiovisuel (CSA) signed agreements with Patrick Le Lay, Chairman of TF1, and Jean Drucker, Chairman of M6. These agreements replace the original authorisations issued in 1987 in accordance with Article 28.3 of the amended broadcasting law of 1986. This is the first time that agreements have applied to unencrypted, terrestrially-broadcast television - previously they usually only applied to radio stations and cable channels, and Canal +. The agreements include other important new features: for the first time channels have undertaken specific commitments on the protection of young people in programme planning (Art.11-14 in both agreements); a number of ethical principles of communication are set out clearly and laid down (Art.5-18 in both agreements). The channels also undertake self-discipline in adhering to these conditions (Art.48 for TF1; Art.52 for M6); in the event of failure to comply, they may be fined - the amounts are set out in the agreements (Art.49 et seq. for TF1; Art.52 et seq. for M6).

Both channels must also expand their programmes to include science, employment, integration and the environment (Art.27 for TF1; Art.26 for M6), and TF1 is to create specific magazine programmes and documentaries for young people (Art.28).

The agreements include stricter provisions concerning the proportion of independent productions. While the channels may continue to use their own production resources for news broadcasts, this will not be allowed for fiction programmes. For other types of programme (games, variety shows, chat and reality shows) it will be possible for the channels to produce up to 50% of the annual broadcasting time using their own resources (Art.37 for TF1; Art.40 for M6). In future, both TF1 and M6 must valorise all commercialisation rights they hold for audiovisual productions separately (Art.32 for TF1; Art.35 for M6). Rights for digital broadcasting acquired by the channels in addition to terrestrial broadcasting rights will not be considered as part of their compulsory contribution to the audiovisual programme industry ( clause anti-TPS ; Art.36 for TF1, Art.33 for M6).

The CSA also recommends setting up a mediator to handle questions and criticisms from viewers. The mediator would present an annual report of activities to the CSA, appended to the channels' balance-sheets. This would create a kind of independent supervisory authority for TF1 and M6.

Both agreements will come into force on 1.1.1997.