France

[FR] Minor alterations to France Télévisions’ terms of reference

IRIS 2015-2:1/17

Amélie Blocman

Légipresse

The terms of reference governing the activity of the national programming company France Télévisions was amended by decree on 26 December 2014. The text begins by amending the appendix for animation works on the scope of the rights so as to take into account the most recent professional agreement between France Télévisions and representatives of animated film producers, which was reached on 27 May 2014. This agreement provides that animation series are to be available free of charge on Pluzz, France Télévisions’ catch-up TV portal, for seven days. During the broadcasting rights period, three episodes of the series are also to be made available free of charge on France TV Pluzz VàD (the company’s VOD service). It is also confirmed that, under the agreement, France Télévisions and the signatory Syndicat des Producteurs de Films d'Animation (syndicate of producers of animation films) have undertaken to combat stereotypes and to promote diversity in the animation programmes that are produced. The public audiovisual group has also agreed to a commitment to broadcast a minimum of 4,000 hours of French animation productions on its channels, and more particularly on France 4, compared with 2,100 hours in the previous agreement. The minimum volume of broadcasting on France 5 will be 700 hours, and 700 hours on France 3. The text also provides for a principle of pooling of all the group’s channels.

The decree also alters the timing of programming for the first part of evening viewing provided for in Article 19 of the terms of reference, by deleting the reference to the evening starting at around 8.30 p.m. This puts an end to a symbolic measure connected with the abolition in 2009 of advertising between 8 p.m. and 6 a.m. on the national channels operated by France Télévisions. The idea was more particularly that the public service, freed from commercial constraints, would be able to start its programmes in the first part of the evening before its main competitors. However, France Télévisions did not manage to keep to the timing. As it stated in its opinion issued on 17 September on the draft of the decree, CSA considers that at the very least the deletion of the specific reference to an actual time will enable France Télévisions to stop contravening the provisions of Article 19 of its terms of reference, but calls nevertheless for the public channels to keep to the announced times for their programmes at the start of the evening’s viewing. The CSA said that it would also ensure that the second and third parts of the evening would not be relegated to an excessively late hour since the broadcasts presented in these time slots contribute to support for creation and ensured freedom of information as well as diversity of thought and opinion.

Finally, the Decree of 26 December 2014 amends Article 36 of the terms of reference to bring it into line with the CSA’s recommendation of 7 June 2005 which was directed at the editors of television services, regarding the rating obligations for the protection of minors (‘signalétique jeunesse’) and programme classification. This is no more than a formal amendment, which France Télévisions has already introduced.


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