France

[FR] First CSA warning issued to producer of online programme

IRIS 2017-2:1/16

Amélie Blocman

Légipresse

The second season of “Les recettes pompettes”, an entertainment programme imported from Quebec and broadcast via YouTube, in which famous guests are, according to its strapline, invited to “cook and drink alcohol”, began in November. However, the Ministry of Health had asked the programme’s producers not to broadcast the first episode, claiming that it “encouraged excessive consumption of alcohol”, before referring the matter to the Autorité de Régulation Professionnelle de la Publicité (Professional Advertising Regulatory Authority -ARPP). In June of last year, the national audiovisual regulatory authority in France (Conseil Supérieur de l’Audiovisuel - CSA), informed Studio Bagel Productions (Canal Plus), the producer of the eponymous YouTube channel dedicated to “Les recettes pompettes”, that the channel was subject to Article 2 of the Act of 30 September 1986 which governs on-demand audiovisual media services (on-demand AVMS). Despite the producer’s observations, the CSA did not find any reason to question this analysis and, in a decision published on 13 December 2016, confirmed that the channel was indeed an on-demand AVMS. As such, the producer is therefore obliged to respect the obligations applicable to this type of service, in particular by applying both the provisions of the decree of 12 November 2010 concerning on-demand AVMS and the decision of 20 December 2011 concerning the protection of young viewers, ethics and the accessibility of programmes via on-demand AVMS.

After having watched the first episode of “Les recettes pompettes”, which was made available online on 13 April 2016, the CSA noted that it contained numerous references to alcohol. It considered that the programme, by presenting alcohol in a manner likely to encourage its consumption, amounted to a form of propaganda promoting alcohol, which is contrary to the provisions of Article L. 3323-2 of the Public Health Code.  The announcements broadcast before each programme - “This programme [may] not be suitable for young viewers” and “Alcohol abuse can damage your health, consume with moderation” -were deemed to be inadequate.