France

[FR] CSA Allows Social Networks to be Named on the Air

IRIS 2013-2:1/22

Amélie Blocman

Légipresse

On 3 January 2013, in plenary assembly at the end of a process of thorough consideration in conjunction with radio and television companies, journalists, and representatives of social networks, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) revised its decision to ban specific references to social networks in radio and television broadcasts. It has become a frequent occurrence for channels to refer viewers to the pages devoted to their programmes on social networks such as Facebook, or to invite them to respond with a Tweet. Until now, radio and television broadcasts have only been allowed to use the generic term “social networks”. In May 2011, the CSA indicated that it considered referring viewers or listeners to a social network without mentioning its name was informative, whereas giving the actual name of the social network constituted advertising, which contravened the provisions of Article 9 of the Decree of 27 March 1992 prohibiting surreptitious advertising (see IRIS 2011-7/22), a position that was criticised by the profession at the time. The CSA, keen to take account of the evolution in habits while ensuring compliance with the regulations on advertising in the interests of consumers, now allows social networks to be named in reference to a source of information. Similarly, it is now allowed to refer the public to a social network, if the reference is occasional and discreet, does not constitute advertising, and is not a sustained encouragement to connect to the network. On the other hand, the CSA found that including the name of a social network in the title of a programme, and displaying the registered brand names of social networks or the distinctive signs habitually associated with them was contrary to the ban on surreptitious advertising. The court recalled that the social networks are brand names used by commercial companies and the ban may not, under the current version of the legislation, be waived.