France

[FR] Audiovisual production: conclusions of CSA concertation

IRIS 2016-3:1/16

Amélie Blocman

Légipresse

In November 2015 the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) embarked on a series of hearings and concertation with the professionals in the audiovisual production sector (including editors of television services, representatives of writers, directors and producers). The process pointed to the economic difficulties facing broadcasters, who are the main financers of audiovisual production, and the concerns of independent producers regarding the future of creation. On completing these hearings, the CSA drew up a list of possible areas for change in the regulations, and a list of undertakings that could result in professional agreements, either overall or for each editor. The CSA hailed the ‘constructive work’ carried out jointly by service editors and producers over the past two years. It hoped for the conclusion of cross-industry agreements that it, and the Government if appropriate, would be able to take into account in conventions and decrees. In this respect, the agreement concluded last December between France Télévisions and the professional organisations of independent producers constituted a reference; discussions could continue with the private groups.

It should be recalled that the present regulatory framework contains a first ‘corridor’ devoted to ‘independent production’ that is very closely supervised (by the Decrees of 2 July 2010 and 27 April 2010 as partially amended by the Decree of 27 April 2015) and a second on ‘non-independent production’ that is not binding on broadcasters. Between these two paths, the CSA recommends in its conclusions that producers and broadcasters, in association with their writer partners, should discuss a third path likely to lead to an agreement. Thus three paths could be defined within the contribution to the development of audiovisual production: one presently reserved for strictly defined ‘independent production’; a ‘non-independent’ path left free of constraint; and a third where it would be compulsory to use producers who were financially independent of the services editor, even in the case of investment producer’s shares. This would be done in a controlled fashion, but the constraints would be less restrictive than in the ‘independent’ part, along the lines of the model discussed for the France Télévisions agreement in December 2015. This ‘third path’ would combine a number of advantages for the parties concerned: guaranteed overall annual turnover for independent producers; different duration and extent of rights for the various broadcasting media; investment conditions allowing producer’s shares; and incentive to create original formats.

The CSA has already invited the producers, broadcasters and writers to embark on discussions, as much on the principle as on the methods for implementing the proposals.