Copyright
2005
InterAmÔ
Database
Journal Officiel de la République française (France)
Freedom of Communication Act No. 86-1067
Freedom of Communication Act No. 86-1067
of
(Official Journal of 1 October 1986)
Article D0
The President of the Republic, François Mitterrand,
the Prime Minister,
Jacques Chirac
Minister of State, Minister of Economic, Finance and
Privatisation,
Edouard Balladur,
Garde des Sceaux, Minister of justice,
Albin Chalandon,
Minister of Defence,
André Giraud,
Minister of Culture and Communication,
François Léotard,
Minister of Foreign Affairs,
Jean-Bernard Raimond,
Minister of Interior,
Charles Pasqua,
Minister of Infrastructure, Housing, and Regional
Planning and Transports,
Pierre Méhaignèrie,
Minister of French Overseas administrative divisions
and territories,
Bernard Pons,
Minister of Industry, Posts and Telecommunications and
of Tourism,
Alain Madelin,
Minister attached to the Prime Minister, with
responsibility for the Civil Service and Economic Planning,
Hervé de Charette,
Minister attached to the Minister for Economy, Finance
and Privatisation, with responsibility for the budget,
Alain Juppé,
Minister attached to the Minister for Industry, Posts
and Telecommunications and for Tourism, with responsibility for Posts and
Telecommunications,
Gérard Longuet,
State Secretary to the Prime Minister, with
responsibility for the French speaking world,
Lucette Michaux-Chèvry
State Secretary to the Minister for culture and
communication
Philippe de Villiers
Article 1
(Act No. 86-1067 of 30 September 1986, Official
Journal of 1 October 1986)
(Act No. 89-25 of 17 January 1989, Article 1,
Official Journal of 18 January 1989)
(Act No. 2000-719 of
Audio-visual communication is free.
The exercise of this freedom may be limited only, to
the extent required, on the one hand, for the respect of human dignity, freedom
and property of other people, the pluralistic nature of the expression of ideas
and opinions and, on the other hand, for the safeguarding of law and order, for
national defence, public service reasons, for technical reasons inherent to the
means of communication as well as for the need to develop a national
audio-visual production industry.
The Conseil supérieur de l’audiovisuel, an independent
authority, guarantees the exercise this freedom in accordance with the terms
provided for in this Act.
It ensures equality of treatment; it guarantees the
independence and impartiality of the public radio and television broadcasting
sector. It sees to the promotion of the free competition and the creation of
non-discriminatory relations between producers and service distributors; it sees
to the quality and diversity of programmes, the development of the national
audio-visual production and creation as well as to the defence and illustration
of the French language and culture. It may put forward proposals to improve the
quality of programmes.
It may send to the producers and distributors of
audio-visual communication services recommendations relating to compliance with
the principles set forth in this Act. Said recommendations shall be published
in the Official Journal of the
Article 2
Telecommunication is understood as any transmission,
emission or reception of signs, signals, documents, pictures, sound or
information of any kind by wire, optics, radio electric or other
electromagnetic systems.
Audio-visual communication is understood as any act of
putting at the disposal of the public or parts of the public, by means of a
telecommunication process, signs, signals, writing, pictures, sound or any kind
of messages which do not have the nature of private correspondence.
Article 2-1
(inserted by Act No.
2000-719 of
For the application of this Act, the words ‘services
distributor’ designates any person who establishes contractual relations with
service producers with a view of constituting an offer of audio-visual
communication services put at the disposal of the public by terrestrial radio
link, cable or satellite. Is also regarded as service distributor any person
who makes such an offer by establishing contractual relations with other
distributors.
Article 3
(Act No. 86-1067 of 30 September 1986, Official
Journal of 1 October 1986)
(Act No. 89-25 of 17 January 1989, Article 2,
Official Journal of 18 January 1989)
The confidentiality of selection made by persons
amongst the telecommunication services and amongst the programmes offered, may not be disclosed without their consent.
TITLE
1
CONSEIL SUPERIEUR DE L’AUDIOVISUEL
Article
4
(Act No. 86-1067 of 30 September 1986, Official
Journal of 1 October 1986)
(Act No. 89-25 of 17 January 1989, Article 3,
Official Journal of 18 January 1989)
The Conseil supérieur de l’audiovisuel shall be
comprised of nine members appointed by decree by the President of the Republic.
The President of the Republic shall appoint three members, the president of the
Assemblée nationale shall appoint three members and the chairman of the Sénat
shall appoint three members.
Persons over the age of sixty five shall be ineligible
for appointment.
The President of the Republic shall appoint the
chairman for the duration of his term of office as council member. In the event
of the Chairman being prevented from attending to his duties, whatever the
reason may be, the eldest council member shall act as chairman.
The term of office of council members shall be six
years. The term of office shall not be revocable or renewable. It shall not be
interrupted by the rules in respect of any age limit applicable to the
concerned persons.
A third of the council shall be renewed every two
years.
In the event of a vacancy occurring more than six
months prior to the expiry of a term of office, a new member shall be appointed
in accordance with the terms of this Article. The term of office of such new
member shall expire on the date on which the term of office of the person that
he replaces would have expired. His term of office may be renewed if he
occupied such replacement office during at least two years.
The Conseil supérieur de l’audiovisuel may deliberate
only if at least six of its members are present. It shall deliberate with the
majority of the members present. The chairman shall have a casting vote in the
event of a tie in voting.
The Conseil supérieur de l’audiovisuel shall draw up
its rules and regulations.
Article 5
(Act No. 86-1067 of 30 September 1986, Official
Journal of 1 October 1986)
(Act No. 89-25 of 17 January 1989, Article 4,
Official Journal of 18 January 1989)
(Act No. 92-1336 of 16 December 1992, Article
267, Official Journal of 23 December 1992 in force on 1 March 1994)
The office of member of the Conseil supérieur de l’audiovisuel is incompatible
with any elective office, any public office or any other professional activity.
Subject to the provisions of the Copyright Act No.
57-298 of 11 March 1957, council members may not, directly or indirectly, hold
office, receive fees, save for services rendered prior to taking up office, or
hold interests in an audio-visual, cinema, production, press, advertising or
communications firm. However, if a council member holds interests in such a
firm, he shall have a period of three months within which to conform with the law.
Non-compliance with the provisions of the previous
paragraph shall be punishable in accordance with Article 432-12 of the Penal
Code.
The council member who
carried on an activity, accepted an employment or an elective office that is
incompatible with his member status or breached the obligations defined in the
second paragraph of this Article shall be declared to have resigned as a matter
of course by the board deciding with a two thirds majority of its members.
During the term of their offices and during one year
as from the termination of their offices, council members shall be bound to
abstain from all public stances on issues that the council is to review or has
reviewed or that may be submitted to it in the course of carrying out its
assignment.
After the termination of their offices, members of the
Conseil supérieur de l’audiovisuel shall be subject to the provisions of
Article 432-12 of the Penal Code and, in addition, to the obligations arising
from the second paragraph of this Article during a period of one year, subject
to the penalties provided for in the same Article.
The chairman and members of the Conseil supérieur de
l’audiovisuel shall respectively receive a salary equal to that allocated to
the two highest off scale* categories of State employment.
Upon expiry of their terms of office, the members of
the Conseil supérieur de l’audiovisuel shall continue to receive their salary
during a term of one year at most. However, if the concerned parties return to
a remunerated activity, receive a pension or, for civil servants or judges, are
reinstated, payment of said salary shall cease. It shall also cease upon
decision of the council deciding with a two thirds majority of its members
after the concerned parties have been given an opportunity to submit their
remarks, if they breach the obligations provided for in the second paragraph.
* Act 57-298 of
Article 6
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
The decisions of the council referred to in Articles
22 and 27 and in the second paragraph of Article 34 that are regulatory in
nature shall be forwarded to the Prime Minister who, within fifteen days
following receipt thereof, may request the council to take new deliberations.
The results of deliberations as well as the reports by
the council, regardless of the nature thereof, shall be published in the
Official Journal of the
Article 7
(Act No. 86-1067 of 30 September 1986, Official
Journal of 1 October 1986)
(Act No. 89-25 of 17 January 1989, Article 5 and
29, Official Journal of 18 January 1989)
(Act No. 96-314 of 12 April 1996, Article 53,
Official Journal of 13 April 1996)
The Conseil supérieur de l’audiovisuel has services
which are placed under the authority of its chairman.
The personnel of said services may not be members of
the Board of Directors of public corporations and of companies provided for
under Articles 44, 45, 49 and 51 of this Act or hold authorisation in respect
of an audio-visual communication service or hold office or hold interests in a
company or an association that holds such authorisation.
The Conseil supérieur de l’audiovisuel shall propose
the credits needed to carry out its assignments when the finance bill of the
year is being prepared. Said credits shall be entered on the general budget of
the State. The provisions of the Act of
The chairman of the Conseil supérieur de l’audiovisuel
shall be the orderer of expenses. He shall submit the council’s accounts for
auditing by the Court of Auditors.
Article 8
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 92-1336 of 16 December 1992, Article
333, Official Journal of 23 December 1992 in force on 1 March 1994)
The council members and officials shall be bound by
professional secrecy in relation to all facts, acts and information that may
come to their knowledge by reason of their office in accordance with the terms
and subject to the penalties provided for in Article 75 of the Penal Code and,
subject to the disclosures that need to be made to prepare the annual report
provided for in Article 18 of this Act and in Articles 226-13 of the same Code.
Article 9
(Act No. 86-1067 of 30 September 1986, Official
Journal of 1 October 1986)
(Act No. 89-25 of 17 January 1989, Article 6,
Official Journal of 18 January 1989)
The Conseil supérieur de l’audiovisuel shall consulted
in respect to the definition of
The Conseil supérieur de l’audiovisuel shall favour
the co-ordination between the positions of public sector audio-visual
communication companies and corporations, on the one hand, and, authorised and
licensed audio-visual communication services, on the other hand, within
international authorities or institutions, whether governmental or not and, in
particular, European authorities and institutions.
Article 10
(Act No. 86-1210 of 27 November 1986, Article 4,
Official Journal of 28 November 1986)
(Act No. 89-25 of 17 January 1989, Article 7 and
29, Official Journal of 18 January 1989)
(Act No. 90-1170 of 29 December 1990, Article
11, Official Journal of 30 December 1990)
(Act No. 2000-719 of
The Conseil supérieur de l’audiovisuel shall authorise:
1 The establishment and use of telecommunications
facilities other than those owned by the State for the distribution of the
services referred to in Articles 25 and 33-2.
2 The operation of the facilities referred to in
Article 34.
Article 12
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 1989)
(Act No. 90-1170 of 29 December 1990, Article
13, Official Journal of 30 December 1990)
(Act No. 94-88 of 1 February 1994, Article 16,
Official Journal of 2 February 1994)
(Act No. 2000-719 of 1 August 2000, Article 85,
Official Journal of 2 August 2000)
The Conseil supérieur de l’audiovisuel shall be
consulted in respect of any plan to impose standards relating to equipment and
techniques of broadcasting or distribution of audio-visual communication
services by cable. It may make all recommendations concerning such standards.
However, the technical features of the signals emitted
for the supply of services broadcast by terrestrial radio link or by satellite
must conform with the technical specifications defined by inter ministerial
order adopted after consulting the Conseil supérieur de l’audiovisuel. When
said signals are digitised, their technical features shall be standardised.
Said order shall specify the conditions applicable to the radio-electric
protection of the audio-visual communication services in question.
Article 13
(Act No. 89-25 of 17 January 1989, Article 8,
Official Journal of 18 January 1989)
(Act No. 94-88 of 1 February 1994, Article 6 and
18, Official Journal of 2 February 1994)
(Act No. 2000-719 of 1 August 2000, Article 29,
Official Journal of 2 August 2000)
The Conseil supérieur de l’audiovisuel shall ensure
respect for the pluralistic expression of currents of thought and opinion in
the programmes of the radio and television broadcasting services, in
particular, for political and general information programmes.
The Conseil supérieur de l’audiovisuel shall provide
the chairmen of the Assemblée nationale and the Sénat and the leaders of the
various political parties represented in Parliament with a record of the
speaking time of the politicians in news programmes, information bulletins,
current affairs programmes and other programmes broadcasted.
Article 14
(Act No. 87-588 of 30 July 1987, Article 98,
Official Journal of 31 July 1987)
(Act No. 88-227 of 11 March 1988, Article 16,
Official Journal of 12 March 1988)
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 90-55 of 15 January 1990, Article 22,
Official Journal of 16 January 1990)
The Conseil supérieur de l’audiovisuel shall exercise
control, using all relevant means, over the subject matter, content and modes
of programming advertising programmes broadcast by all national programme
companies and by holders of authorisations issued by the audio-visual
communication services pursuant to this Act. Advertising programmes of a
political nature are prohibited.
Any violation of the provisions of the above paragraph
shall be punished by the penalties provided for in Article L90-1 of the
Franchise Act.
Article 15
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 2000-719 of 1 August 2000, Article 19,
Official Journal of 2 August 2000)
The Conseil supérieur de l’audiovisuel shall ensure
that programmes distributed to the public by an audio-visual communication
service protect children and adolescents and respect human dignity. It shall
ensure that a radio and television broadcasting service does not distribute
programmes to the public that may harm the physical, mental or moral development
of minors, unless it is ensured, by the choice of broadcasting time or by any
relevant technical process, that minors are not normally liable to see or hear
such programmes.
When television services distribute programmes to the
public that may harm the physical, mental or moral development of minors, the
council shall ensure that a warning is issued to the public prior to the
distribution thereof and that a visual symbol identifies such programmes during
the distribution thereof.
It shall also ensure the radio and television
broadcasting services do not distribute any programme to the public that may
seriously harm the physical, mental or moral development of minors.
Lastly, it shall ensure that the programmes of the
radio and television broadcasting services do not contain any incitement to
hatred or violence on the grounds of race, sex, morality, religion or
nationality.
Article 16
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
The Conseil supérieur de l’audiovisuel shall set the
rules concerning the conditions applicable to the production, programming or
broadcasting of programmes relating to election campaigns that the national
programme companies are bound to produce and programme and that the company
provided for in Article 51 of this Act is bound to broadcast. Provisions set
forth in the terms of reference cover the services provided in this respect.
The council shall send recommendations for the
duration of election campaigns to the operators of audio-visual communication
services authorised pursuant to this Act.
Article 16-1
(inserted by Act No.
98-535 of 1 July 1998, Article 5, Official Journal of 2 July 1998)
The Conseil supérieur de l’audiovisuel shall set the
rules concerning the conditions applicable to the broadcasting at prime time of
health warning messages issued by the Minister of Health by the national
programme companies referred to in paragraphs 1, 2, 3 and 4 of Article 44 of
this Act and by the television services broadcast by terrestrial radio link.
Provisions set forth in the terms of reference cover
the services provided in this respect.
Article 17
(Act No. 86-1210 of 27 November 1986, Article 5,
Official Journal of 28 November 1986)
(Act No. 88-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
The Conseil supérieur de l’audiovisuel shall make
recommendations to the government in respect of the development of competition
in audio-visual communication activities.
It shall be empowered to raise the matter of restrictive
trading practices and economic mergers with the proper administrative or
judicial authorities. Said same authorities may ask it for its opinion.
Article 18
(Act No. 89-25 of 17 January 1989, Article 9,
Official Journal of 18 January 1989)
(Act No. 90-1170 of 29 December 1990, Article
14, Official Journal of 30 December 1990)
(Act No. 96-62 of 29 January 1996, Article 6,
Official Journal of 30 January 1996)
Each year, the Conseil supérieur de l’audiovisuel
shall draw up a public report on its activity, on the application of this Act
and on compliance by the companies and the public corporation referred to in
Articles 44 and 49 of this Act with their obligations. Said report shall be
sent to the President of the Republic, the government and to Parliament before
the end of the first quarter. The Conseil supérieur de l’audiovisuel may
suggest in this report the legislative and regulatory changes that it considers
are required by reason of the technological, economic, social and cultural
development of the activities of the audio-visual sector. It may also make
comments on the allocation of licence and advertising proceeds between public
sector institutions.
Any member of the Conseil supérieur de l’audiovisuel
may be heard by the relevant commissions of the Assemblée nationale and Sénat.
The government, the chairman of the Assemblée
nationale, the chairman of the Sénat or the relevant commissions of the
Assemblée nationale and Sénat may ask the Conseil supérieur de l’audiovisuel
for its opinion or for studies in respect of all activities within its remit.
Article 19
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 2000-719 of 1 August 2000, Article 30,
Official Journal of 2 August 2000)
To carry out the assignments entrusted to it pursuant
to this Act, the Conseil supérieur de l’audiovisuel may:
1° Gather, without any additional limitations other
than those that ensue from the freedom to exercise the activity of the
political parties and groups referred to in Article 4 of the Constitution
:
- from administrative
authorities, all information needed to prepare its opinions and
decisions ;
- from authorities or
producers and distributors of audio-visual communication services, all
information needed to check the latter’s compliance with their obligations ;
- from any physical or legal person that directly or
indirectly owns a share equal or superior to 10% of the capital or voting
rights at the general meetings of a company that produces or distributes a radio
or television broadcasting service whose programmes contribute to providing
political and general information, all information on procurement contracts and
public service concessions which said individual or entity, or company that it
controls submitted an offer to obtain over the last twenty four months.
2° Carry out surveys of the
authorities or of services producers and distributors.
The information that the council gathers pursuant to
the provisions of this Article may be used only to carry out the assignments
entrusted to it pursuant to this Act. Disclosure of said information is
prohibited.
Article 20
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
To carry out the assignments entrusted to the Conseil
supérieur de l’audiovisuel pursuant to this Act, the chairman thereof shall be
empowered to take legal action in the name of the State.
Article 20-1
(Act No. 94-665 of 4 August 1994, Article 12,
Official Journal of 5 August 1994)
(Act No. 2000-719 of
Apart from films and audio-visual works in the
original version, the use of the French language is compulsory for all
programmes and advertisements by radio and television broadcasting institutions
and services regardless of the method of broadcasting or distribution thereof.
Subject to the provisions of paragraph 2 a of Article 28 of this Act, the previous paragraph shall
not apply to musical works, of which all or part of the text is written in a
foreign language.
The obligation provided for in the first paragraph
shall not apply to programmes, parts of programmes or advertising included in
the latter which are intended be broadcast entirely in
the foreign language or the purpose of which is to learn a language or the live
transmission of cultural ceremonies.
[Provisions declared to violate the Constitution by
decision of the Conseil constitutionnel No. 94-345 DC of
When the programmes or the advertisements referred to
in the first paragraph of this Article are accompanied by translations in
foreign languages, the presentation in the French language must be as legible,
audible or intelligible as the presentation in the foreign language.
Article 20-2
(inserted by Act No.
2000-719 of
Events of major importance may not be transmitted live
subject to exclusive rights in such a way to as deprive a large part of the
public from the possibility of following the events by live or delayed
transmission on a free access television service.
A decree in Conseil d’Etat defines the list of events
of major importance. Said decree determines the terms of application of this
Article.
Television services may not exercise exclusive rights that
they acquired after the 23 August 1997 in such a way as to deprive a large part
of the public of another member State of the European Community or of a State
party to the European Economic Space agreement the possibility of following
events declared to be of major importance by said State on a free access
television service.
The Conseil supérieur de l’audiovisuel shall ensure
that televisions comply with the provisions of this Article.
Article 20-3
(inserted by Act No.
2000-719 of 1 August 1994, Article 21, Official Journal of 2 August 2000)
Television services that broadcasts events deemed to
be of major importance on the list referred to in Article 20-2 shall be bound
to broadcast short programmes highlighting the anti-doping laws for the protection
of athletes’ health before, during and after the live transmissions in
question. Said measures shall be implemented free of charge. A decree signed
jointly by the Ministers for Communication, Youth and Sports and Health shall
define the provisions for the application of this Article.
TITLE II
USE OF TELECOMMUNICATIONS PROCESSES
CHAPTER I
Services using radio link
Section I
General rules for the allocation of frequencies
Article 21
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 96-659 of 26 July 1996, Article 16,
Official Journal of 27 July 1996)
(Act No. 2000-719 of 1 August 2000, Article 27,
Official Journal of 2 August 2000)
The Prime Minister, after consulting the Conseil
supérieur de l’audiovisuel, shall define the frequency bands or frequencies
that shall be allocated to the authorities of the State and the frequency bands
or frequencies of radio broadcasting, the allocation or assignment of which are
entrusted to the council.
Article 22
(Act No. 86-1067 of 30 September 1986, Official
Journal of 1 October 1986)
(Act No. 89-25 of 17 January 1989, Article 10
and 29, Official Journal of 18 January 1989)
(Act No. 96-659 of 26 July 1996, Article 16,
Official Journal of 27 July 1996)
(Act No. 2000-719 of 1 August 2000, Article 31,
Official Journal of 2 August 2000)
The use by holders of authorisations of radioelectric
frequencies available in France constitutes a mode of private occupancy of the
State’s public domain.
In compliance with the international treaties and
agreements signed by France, the Conseil supérieur de l’audiovisuel authorises
use of frequency bands or frequencies allocated or assigned for radio
broadcasting.
It shall control the use thereof and take the
necessary measures to ensure good receiver signal.
Section II
Rules applicable to uses other than broadcasted
audio-visual communication services
Article 23
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 90-1170 of 29 December 1990, Article
15, Official Journal of 30 December 1990)
(Act No. 93-1 of 4 January 1993, Article 12,
Official Journal of 5 January 1993)
(Act No. 2001-616 of 11 July 2001, Article75,
Official Journal of 13 July 2001)
When a telecommunications service uses frequency bands
or frequencies, the allocation or assignment of which has been entrusted to the
Conseil supérieur de l’audiovisuel pursuant to Article 21, the authorisation to
provide the service is issued by the Minister for Telecommunications after the
applicant has obtained the consent of the Conseil supérieur de l’audiovisuel to
use of said frequency bands or said frequencies.
The authorisation referred to in the previous
paragraph shall be issued in Mayotte by the representative of the government,
in the territories of New Caledonia and French Polynesia by the high
commissioner and in the territories of the islands of Wallis and Futuna by the
senior administrator.
*Article 222 IV of the Constitutional Act* No. 99-209
of 19 March 1999 relating to New Caledonia provides:
“IV. In all laws and regulations in force
1° Reference to the territory of New Caledonia shall
be replaced by reference to New Caledonia;
2° Reference to the territorial assembly of New
Caledonia shall be replaced by reference to the congress of New Caledonia;
3° Reference to the executive of New Caledonia shall
be replaced by reference to the government of New Caledonia.”*
Section III
Rules applicable to broadcast audio-visual
communication services
Article 25
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 2000-719 of 1 August 2000, Article 44,
Official Journal of 2 August 2000)
Use of the radio resource to broadcast audio-visual
communication services by terrestrial radio link is subject to compliance with
the technical conditions defined by the Conseil supérieur de l’audiovisuel
concerning, in particular:
1° The features of the
signals emitted and of the transmission and broadcasting equipment used.
1°bis The technical
conditions the multiplexing and the features of the equipment used.
2° The place of emission;
3° The higher limit of
effective radiated power;
4° The protection against
possible interferences with use of other telecommunications techniques.
The Conseil supérieur de l’audiovisuel shall also
ensure that the services using an interactivity engine may, as far as the
technical constraints so permit, be received on all of the terminals operated
in France for digital terrestrial television. An inter
ministerial order adopted after consulting the Conseil supérieur de
l’audiovisuel defines the technical conditions of this interoperability of
receiving systems.
The council may impose special obligations, in
relation, in particular, to the scarcity of emission sites in a region, on the
user of a site. In particular, it may require that several users group together
on a same site. It shall determine the maximum time limit within which the
holder of the authorisation must begin actual use of the radio resource in
accordance with the terms provided for in the authorisation.
Article 26
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 91-645 of 10 July 1991, Article 1,
Official Journal of 13 July 1991)
(Act No. 94-88 of 1 February 1994, Article 2,
Official Journal of 2 February 1994)
(Act No. 96-659 of 26 July 1996, Article 16,
Official Journal of 27 July 1996)
(Act No. 2000-719 of 1 August 2000, Article 38,
Official Journal of 2 August 2000)
I. - As from the effective date of Act No. 2000-719 of
1 August 2000, which amends the Freedom of Communication Act No. 86-1067 of 30
September 1986, the companies provided for in Article 44 and the cultural
channel resulting from the treaty of 2 October 1990 shall become holders of the
right to use the radio resources that were previously assigned to broadcast
their programmes to the company referred to in Article 51.
If the technical constraints so require, the Conseil
supérieur de l’audiovisuel may however withdraw all or part of said resource on
the condition that, without interruption of the service, it assigns to them use
of the radio resource allocated for the use of radio broadcasting that permits
reception of an equivalent quality.
It may also withdraw use of the radio resource that
they no longer need to carry out the assignments defined in Article 43-11 and
in their terms of assignments and of reference.
II. - The Conseil supérieur de l’audiovisuel and the
telecommunications regulatory authority, respectively for the radio resources
of radio broadcasting and transmission, shall first and foremost grant the
companies referred to in Article 44 the right to use the radio resource that
they need to carry out their public service assignments.
Subject to the same terms, the Conseil supérieur de
l’audiovisuel shall first and foremost
grant the
European cultural channel resulting from the treaty signed on 2 October 1990
the right to use the radio resource that it needs to carry out the assignments
entrusted to it pursuant to said treaty.
Subject to the same terms, the Conseil supérieur de
l’audiovisuel shall first and foremost grant the channel referred to in Article
45-2 the right to use the radio resource that it needs to broadcast its
programmes in digital mode.
The Conseil supérieur de l’audiovisuel shall ensure
that the services of companies broadcast in digital mode that benefit from the
provisions in the previous three paragraphs are grouped together on one or more
frequencies.
The telecommunications regulatory authority shall
assign the radio resource needed to transmit radio and television broadcasting
programmes in accordance with the terms of Article L. 36-7 of the Posts and
Telecommunications Code.
When it assigns, reorganises or withdraws said
resource, it shall take into account the requirements related to the public
service assignments of the companies provided for in Article 44 and the
assignments entrusted to the European cultural channel pursuant to the treaty
of 2 October 1990.
The government shall submit a three yearly report to
Parliament on the European cultural channel’s performance of its assignments.
Article 27
(Act No. 89-25 of 17 January 1989, Article 11,
Official Journal of 18 January 1989)
(Act No. 92-61 of 18 January 1992, Article 1,
Official Journal of 21 January 1992)
(Act No. 2000-719 of 1 August 2000, Article 25,
39 and 40, Official Journal of 2 August 2000)
Considering the public interest assignments of the
public sector institutions and the various categories of audio-visual
communication services broadcast by terrestrial radio link, decrees in Conseil
d’Etat define the general principles outlining obligations in respect of:
1° Advertising, teleshopping and sponsoring;
1°bis The services devoted
exclusively to autopromotion or teleshopping;
2° The broadcasting, in
particular, at prime time, of proportions at least equal to 60 percent of
European films and audio-visual works and of proportions at least equal to 40
percent of original French films and audio-visual works;
However, for the application of the provisions provided
for in the above paragraph to audio-visual works broadcast by the authorised
services, the Conseil supérieur de l’audiovisuel may substitute for prime time
significant viewing or listening time which it shall set each year for each
service in relation, in particular, to the features of its audience and its
programming as well as the importance and nature of its contribution to the
production;
3° The contribution of services producers to the
development of the production of films and audio-visual works, in particular,
of independent production with regard to them, as well as the share of said
contribution or the amount allocated for the purchase of broadcasting rights of
said works on the services that they produce, by setting, where applicable,
different rules for films and for audiovisual works and in relation to the
nature of the works broadcast and the exclusive terms of the broadcasting
thereof. Said contribution may include a share for distribution of films;
4° The purchase of
broadcasting rights, according to the various modes of operation and the
limitation of the term of said rights when they are exclusive. For the first
broadcast of films in exclusivity, the term of the exclusive rights may vary in
relation to the nature and the amount of the contribution to the development of
the production;
5° The system of broadcasting
feature films and, in particular, the setting of a maximum number of broadcasts
and repeat broadcasts per year and the hourly schedule of programming of said
works.
Said decrees may define different rule depending on
whether the broadcasting is uncoded or is offered against remuneration to users
or depending on the extent of the geographic area serviced and they may provide
for a gradual application in relation to the development of terrestrial digital
television.
Said decrees shall be adopted after consulting the
Conseil supérieur de l’audiovisuel. Said reasoned opinion and the presentation
report of the decree shall be published in the Official Journal of the French
Republic.
[Provisions declared to violate the Constitution by
decision of the Conseil constitutionnel No. 88-248 DC of 17 January 1989.]
Article 28
(Act No. 86-1210 of 27 November 1986, Article 1,
Official Journal of 28 November 1986)
(Act No. 89-25 of 17 January 1989, Article
13, Official Journal of 18 January 1989)
(Act No. 92-61 of 18 January 1992, Article 2,
Official Journal of 21 January 1992)
(Act No. 93-1420 of 31 December 1993, Article
11, Official Journal of 1 January 1994)
(Act No. 94-88 of 1 February 1994, Article 7, 8
and 12, Official Journal of 2 February 1994)
(Act No. 94-665 of 4 August 1994, Article 13,
Official Journal of 5 August 1994)
(Act No. 2000-709 of 1 August 2000, Article 42,
Official Journal of 2 August 2000)
Issue of authorisations to use the radio resource for
each new service broadcast by terrestrial radio link other than those operated
by the national programme companies shall be subject to the execution of an
agreement between the Conseil supérieur de l’audiovisuel in the name of the State
and the person applying for authorisation.
In respect for the integrity and pluralism of
information and programmes and the general rules defined pursuant to this Act
and, in particular, Article 27 thereof, this agreement shall define the special
rules applicable to the service, considering the extent of the area serviced,
the share of the service in the advertising market, respect for equality of
treatment between the various services and the terms of competition specific to
each of them.
In particular, the agreement shall relate to one or
more of the following issues:
1° The terms and general
features of the actual programme;
2The time devoted to the first broadcasting of
original French audio-visual works in France, the share of revenue devoted to the
purchase of the broadcasting rights of said works as well as the hourly
schedule of the programming thereof;
2 bis The substantial proportion of French musical
works or musical works performed in a regional language spoken in France, which
must reach a minimum of 40% of the French songs, half at least of which come
from new talents or new productions broadcast at significant viewing or
listening time for each of the radio broadcasting services authorised by the
Conseil supérieur de l’audiovisuel for the share of its programmes comprised of
light music.
By way of derogation, the Conseil supérieur de
l’audiovisuel may authorise the following proportions for specific formats:
- for
radios specialised in the development of musical heritage: 60% of titles from
the French speaking world, including a percentage of new productions of up to
10% of the total, with a minimum of one title per hour on average;
- for radios specialised in the promotion of young talent: 35%
of titles from the French speaking world, including at least 25% of the total
from new talent;
3°;
4° The share of the revenues
devoted to the purchase of broadcasting rights of original French films;
4 bis Specific provisions to ensure respect for the
French language and the influence of the French speaking world;
5° The broadcasting of
educational and cultural programmes as well as programmes to promote the
various forms of artistic expression;
5° bis The development, using
suitable devices, of access to the broadcasted programmes by persons who are
deaf or hard of hearing;
6° Specific provisions to ensure the independence of
producers with regard to broadcasters;
7° Contribution to cultural, educational actions and
defence of consumers;
8° Contribution to the broadcasting of radio and television
broadcasting programmes in overseas administrative divisions, territories and
territorial communities, to the knowledge in metropolitan France of said
administrative divisions, territories and territorial communities and to the
broadcasting of cultural programmes of said communities;
9° Contribution to the broadcasting abroad of radio or
television broadcasting programmes;
10° The maximum time devoted
to advertising or sponsored programmes as well as the methods of including them
in programmes;
11° Assistance in addition to the financial support of
the film industry and the audio-visual programmes industry in accordance with
the terms of allocation defined by the Finance Act,
12° The terms in which television services with
national authorisation for uncoded broadcasting shall be authorised to
broadcast local television under their editorial responsibility, with the
aggregate limit of three hours per day, unless an exception is authorised by
the Conseil supérieur de l’audiovisuel. The local television
referred to in this paragraph are not deemed to be separate services
with local authorisations and may not contain advertisements or sponsored
programmes;
13° Undertakings in relation to extension of the
territory’s cover;
14° Modes of repeat broadcasting, in whole or in part,
by terrestrial radio link, by cable or satellite, of the television service in
several programmes. Said repeat broadcasts must be made according to an
identical principle with regard to the use or not of remuneration by users. The
obligations referred to in paragraphs 3 and 4 of Article 27 shall then relate,
as a whole, to the service and the obligations referred to in paragraphs 1, 2
and 5 of Article 27 shall relate to each of the programmes forming it;
15° The data related to the main
programme to enrich and to complete it.
The agreement referred to in the first paragraph also
defines the prerogatives and, in particular, the contractual penalties that the
Conseil supérieur de l’audiovisuel may impose to ensure compliance with contractual
obligations. Said penalties may not exceed the penalties provided for in
paragraphs 1, 2 and 3 of Article 42-1 of this Act. They shall be notified to
the holder of the authorisation who may file an appeal to the Conseil d’Etat.
For the application of the provisions of paragraph 2 a
of this Article, the Conseil supérieur de l’audiovisuel shall adapt agreements
already entered into with authorised radio broadcasting services within six
months as from the publication of the Act No. 94-88 of 1 February 1994 amending
the Freedom of Communication Act No. 86-1067 of 30 September 1986.
Without prejudice to the general rules defined
pursuant to this Act and, in particular, its Article 27 and in order to
facilitate the development of terrestrial digital television, one or more of
the previously listed issues may be regularly revised in agreements entered
into with the services producers authorised pursuant to Article 30-1.
Article 28-1
(Act No. 94-88 of 1 February 1994, Article 8,
Official Journal of 2 February 1994)
(Act No. 2000-719 of
Without invitations to tenders, the Conseil supérieur
de l’audiovisuel shall renew authorisations issued pursuant to Articles 29, 30,
30-1 and 33-2 two times at most in addition to the initial authorisation and
each time for five years, unless:
1° The State modifies the destination of the frequency
or frequencies in question pursuant to Article 21;
2° A penalty, a paid-up fine or a conviction that has
been imposed on the holder of the authorisation pursuant to this Act or a
conviction passed against it pursuant to Articles 23, 24 and 24 a of the
Freedom of the Press Act of 29 July 1881 or Articles 227-23 or 227-24 of the
Penal Code is liable to justify the non-renewal of said authorisation, without
invitation for tenders;
3° the renewal of the authorisation, without
invitations to tenders, is liable to infringe the requirement of pluralism on
the national level or on the regional or local level,
4 the holder’s financial position prevents it from
continuing the operation in satisfactory conditions;
5° For radio broadcasting
services, if the service does not satisfy the specific criteria of the category
for which authorisation has been granted;
As from 1 January 2002, the authorisations provided
for in Articles 30 and 30-1 shall be renewed, without invitations to tenders,
only once for a maximum period of five years, save for the cases referred to in
paragraphs 1 and 5 above.
II. - One year prior to the expiry of the
authorisation issued pursuant to Articles 29, 30 and 33-2, the Conseil
supérieur de l’audiovisuel shall publish its reasoned decision of whether or
not to implement the renewal procedure, without an invitation for tenders. Said
time limit is of eighteen months for the authorisation issued pursuant to
Article 30-1.
In the event the Conseil supérieur de l’audiovisuel
decides to implement the renewal without an invitation for tenders, its
decision, for audio-visual communication services other than radio, shall
mention the main clauses of the agreement in force that it wishes to see revised
as well as those clauses of which the holder requests amendment.
For the audio-visual communication services other than
radio, the Conseil supérieur de l’audiovisuel shall hold a public hearing of
the holder within one month following publication of its decision. It may also
hold a public hearing of concerned third parties.
Failing agreement at least six months prior to the
date of expiry of the authorisation issued pursuant to Articles 29, 30 or 33-2
or nine months prior to the date of expiry of the authorisation issued pursuant
to Article 30-1, the authorisation shall not be renewed without an invitation
for tenders. The Conseil supérieur de l’audiovisuel may then issue a new
authorisation to use frequencies only in accordance with the terms of Articles
29, 30, 30-1 and 33-2.
Article 28-2
(Act No. 94-88 of 1 February 1994, Article 9,
Official Journal of 2 February 1994)
For the application of Article 28-1, the holder of a
concession contract entered into pursuant to Article 79 of the Audio-visual
Communication Act No. 82-652 of 29 July 1982 shall be deemed to hold
authorisation, without there being any change, however, in the planned expiry
of the concession.
Article 28-3
(Act No. 94-88 of 1 February 1994, Article 9,
Official Journal of 2 February 1994)
(Act No. 2000-719 of
The Conseil supérieur de l’audiovisuel may, without
being bound to make invitations to tenders provided for in Articles 29, 30 or
30-1, issue any company, foundation or association declared pursuant to the Act
of 1 July 1901 relating to the contract of association or non-profit-making
association governed by the local law in the administrative divisions of
Bas-Rhin, Haut-Rhin and Moselle, authorisations relating to a radio or
television broadcasting service by terrestrial radio link for a period of nine
months at most.
Article 29
(Act No. 86-1210 of 27 November 1986, Article 1,
Official Journal of 28 November 1986)
(Act No. 89-25 of 17 January 1989, Article 14
and 29, Official Journal of 18 January 1989)
(Act No. 2000-719 of
Subject to the provisions of Article 26 of this Act,
the Conseil supérieur de l’audiovisuel shall authorise the use of frequencies
for the broadcasting of radio broadcasting services by terrestrial radio link
in accordance with the terms of this Article.
The council shall publish invitation for tenders for
pre-defined geographic areas and categories of services. It shall set the time
limit in which tenders must be lodged.
Tender applications shall be submitted either by a
company, a foundation or an association governed by the Act of
In particular, said applications must state the
purpose, the general features of the service, the technical features of
emission, the forecasts of expenses and income, the origin and amount of the
planned financing as well as the list of directors, the composition of the
management body or bodies, the Articles of association of the legal person
making the tender. They shall also include the clauses of an agreement that
contains proposals in respect of one or more of the issues referred to in
Article 28. In the event of a tender submitted by a company, said applications
shall also mention the composition of its capital and of its assets, the
composition of the share capital of the company that controls the applicant
company within the meaning of paragraph 2 of Article 41-3 as well as the
composition of its managing bodies and the composition of its assets.
The council shall draw up the list of applicants at
the end of the time limit provided for in the second paragraph above.
Based on the tender applications registered, the
council shall draw up a list of frequencies that may be allocated in the area
in question together with information concerning the emission sites and the
effective radiated power.
The applicants on the list provided for in the fifth
paragraph of this Article shall inform the council of the frequency or
frequencies that they wish to use to broadcast their service.
The council shall grant authorisation by considering
each project’s public interest, having regard to the priority requirements of
the protection of the pluralism of the currents of socio-cultural expression,
the diversification of operators and the need to avoid abuse of dominant
position as well as restrictive trading practices.
It shall also take account:
1° Of the applicant’s
experience in communication activities;
2° The financing and the
operating prospects of the service, in particular, in relation to the
possibilities of sharing advertising resources between the written press firms
and audio-visual communication services;
3° The applicant’s direct or
indirect stakes in the capital of one or more advertising agencies or in the
capital of one or more press publishing firms;
4° For services whose programmes include political and
general information programmes, the measures envisaged to guarantee the
pluralistic nature of the expression of currents of thought and opinion, the
integrity of information and its independence with regard to the economic interests
of shareholders, especially when they hold procurement contracts or public
service concessions;
5° The contribution of the
production of locally produced programmes.
The Conseil supérieur de l’audiovisuel shall ensure
throughout the territory that an adequate share of frequency resources are
allocated to the services produced by an association implementing a
communication assignment on the social situation at the local level, which is
defined
as favouring exchanges between social and cultural groups, the expression of
various socio-cultural currents, support for local development, protection of
the environment or the fight against exclusion.
The council shall also ensure a fair balance between
the national radio broadcasting networks, on the one hand, and the local,
regional and independent theme-based services, on the other hand.
It shall ensure that the public enjoys services whose
programmes contribute to political and general information.
Article 29-1
(inserted by Act No.
89-25 of
The Conseil supérieur de l’audiovisuel shall establish
technical committees to examine applications for the authorisations referred to
in Article 29 and to ensure performance with the obligations set forth in said
authorisations.
Said committees, chaired by a member of the
administrative jurisdiction still holding office or an honorary member
appointed by the vice-chairman of the Conseil d’Etat, shall be comprised of a
six members at most appointed by the The Conseil supérieur de l’audiovisuel
from amongst personalities qualified, in particular, in frequency planning,
telecommunications or radio broadcasting sectors.
The number of said committees, their geographic
jurisdiction, the number of members thereof and the
modes of operating shall be defined by decree after consulting the Conseil
supérieur de l’audiovisuel.
Article 30
(Act No. 86-1210 of 27 November 1986, Article 1,
Official Journal of 28 November 1986)
(Act No. 89-25 of 17 January 1989, Article 17
and 29, Official Journal of 18 January 1989)
(Act No. 2000-719 of
Subject to the provisions of Articles 26 and 65 of
this Article, the Conseil supérieur de l’audiovisuel shall authorise the use of
frequencies for the broadcasting of television services by terrestrial radio
link in analogue mode in accordance with the terms of this Article.
For pre-defined geographic areas and categories of
services, the council shall publish a list of available frequencies, by taking
account of the specific radio resource requirements to ensure the development
of television in digital mode and in particular the need to develop local
television services as well as an invitation for tenders. It shall set the time
limit within which applicants must be filed.
The tender applications shall be submitted by a
commercial company or by an association referred to in the third paragraph of
Article 29. In particular, said application shall state the purpose, the general
features of the service, the technical features of emission, the forecasts of
expenses and income, the origin and amount of the planned financing as well as
the composition of the capital, management bodies or assets of said company as
well as of the company that controls it within the meaning of paragraph 2° of
Article 41-3. If the application is submitted by an association, it shall also
provide the list of its corporate officers and members. All tender applications
shall include the clauses of an agreement that contains proposals in respect of
one or more of the issues referred to in Clause 28, at the end of the time
limit provided for in the second paragraph above and after the applicants have
been granted a public hearing.
The council shall grant the authorisation by
considering each project’s public interest, having regard to the priority
requirements referred to in the eighth paragraph of Article 29.
It shall also take account of the criteria set forth
in paragraphs 1 to 5 of Article 29.
Article 30-1
(Act No. 2000-719 of 1 August 2000, Article 45,
Official Journal of 2 August 2000)
(Act No. 2001-624 of
Subject to the provisions of Article 26, the Conseil
supérieur de l’audiovisuel shall authorise the use of radio resources for the
broadcasting of any television service by terrestrial radio link in digital
mode in accordance with the terms of this Article.
The Conseil supérieur de l’audiovisuel shall organise
a meeting of all concerned public and private players and an all-party
consultation relating to the planning of the radio spectrum in view of the
optimal development of digital terrestrial broadcasting. It shall publish the
conclusions of said consultation prior to
II. - Tender applications shall be submitted by the
services producers established as a company or an association referred to in
the third paragraph of Article 29. In addition to the information referred to
in the third paragraph of Article 30, they shall specify:
1° Where applicable, the share of programmed reserved
for local expression;
2° The envisaged geographic
areas and for the national services the applicant’s undertakings with regard to
the extension of cover of the territory;
3° If the service is
remunerated by users, the terms and conditions of marketing and any agreement
entered into or envisaged relating to the conditional access system;
4° The passband requirement
for the broadcasting of the service in question;
5° any proposals by the applicant in respect of the
choice of its frequency, technical or commercial regrouping of its service with
other services that it or third parties produce, the choice of the services
distributors referred to in Article 30-2 and, where applicable, the terms and
conditions of marketing;
6° Where applicable, the data associated with the
television programme to enrich and to complete it as well as broadcasting of
audiovisual communication services other than television services;
7° The applicant’s
undertakings with regard to the time limit for implementing the service.
III. - The Conseil supérieur de l’audiovisuel shall
hold a public hearing of the applicants.
Without prejudice to the provisions of Articles 1 and
26, it shall authorise the full and simultaneous rerun of authorised television
services prior to the entry into force of the aforementioned Act No. 2000-719
of 1 August 2000 when the applicants made a request to this effect and if said
rerun occurs according to an identical principle with regard to the use or not
of remuneration by users. Full and simultaneous rerun is understood
independently of technical features related in particular, to programme format
and definition. Moreover, the condition of simultaneousness is not required
when the service is directly distributed to the public in the overseas
administrative divisions, territories and territorial communities and in
Without prejudice to Articles 1, 26, 39 to 41-4 and
the requirements and criteria referred to in the two following paragraphs, the
Conseil supérieur de l’audiovisuel shall also grant any producer of a national
service authorised pursuant to the previous paragraph that makes a request to
this effect a right to use the radio resource for the broadcasting of another
television service, on condition that it is produced by a separate legal person
controlled by said producer within the meaning of paragraph 2 of Article 41-3.
The council shall grant other authorisations to use
the radio resource by considering the project’s public interest having regard
to the priority requirements and criteria referred to in Articles 29 and 30 as
well as the applicant’s undertaking with regard to cover of the territory,
production and broadcasting of French and European audio-visual works and
films. It shall also take account of the consistency of the proposals made by
the applicants with regard to technical and commercial regrouping with other
services and with regard to the choice of services distributors as well as the
need to offer services that satisfy the expectations of a large public and that
are liable to encourage a rapid development of digital terrestrial television.
To the extent of their economic and financial
viability, in particular, with regard to the advertising resource, it shall
favour services that do not use remuneration by users and that contribute to
the diversity of operators as well as the pluralism of information, all media
combined.
It shall also ensure that local services, in
particular, those consisting of the rerun of local services approved under
Article 33-1, are favoured.
When the Conseil supérieur de l’audiovisuel authorises
one or more programmes consisting, in accordance with the terms of paragraph 14
of Article 28, of the repeat broadcasting in whole or in part of a television
service broadcast by terrestrial radio link, each of said programmes shall be
deemed, for application of the third paragraph of Article 41, to be covered by
a separate authorisation.
IV. - To the extent of the radio resource available and
based on regrouping proposals made by the applicants, the Conseil supérieur de
l’audiovisuel shall specify on which frequency the right to use granted to each
service shall be exercised by ensuring as best possible that regroupings thus
formed are technically and commercially consistent.
Article 30-2
(inserted by Act No.
2000-719 of
I. - Within a period of two months as from the issue
of authorisations pursuant to Article 30-1 and the granting of rights to use
the radio resource pursuant to Article 26, services producers that hold a right
to use the same radio resource shall jointly propose a separate company that
shall be responsible for causing the implementation of the technical operations
required to transmit and broadcast their programmes to the public. Failing
agreement between the producers on the choice of said distributor, the Conseil
supérieur de l’audiovisuel shall launch a new invitations to tenders for the
radio resource in question in accordance with the terms of Article 30-1.
II. - Any company proposed under paragraph I shall
provide the Conseil supérieur de l’audiovisuel, according to its company form
and the scope of the assignments that the services producers entrusted to it,
with:
- the information referred to in Article 37, the
composition of its capital, managing bodies and assets of said company as well
as of the company that controls it within the meaning of paragraph 2 of Article
41-3;
- the forecasts of expenses and income, the commercial
terms of broadcasting of programmes, the origin and amount of the planned
financing, any agreement to market the conditional access system;
- the technical features of
signal shaping relating, in particular, to the choice of the access control
system, its transmission and its broadcasting.
III. - The Conseil supérieur de l’audiovisuel shall
authorise any company proposed under section I and shall allocate the relevant
radio resource to it. Said company shall be deemed to be a services distributor
within the meaning of Article 2-1. In the event the council refuses to grant
authorisation, the services producers that hold a right to use the same radio
resource shall have a new period of two months to jointly propose a new
services distributor.
Authorisations issued pursuant this Article shall
include criteria to guarantee the fair, reasonable and non-discriminatory
conditions of use of the radio resource by the services producers authorised
pursuant to Article 30-1. They shall also include the criteria referred to in
Article 25.
IV. - A separate producers’ company shall market the
programmes of services producers authorised pursuant to Article 30-1 to the
public. Said company shall be deemed to be a services producer within the
meaning of Article 2-1 and it must file a prior declaration with the Conseil
supérieur de l’audiovisuel. Said declaration shall include the criteria
referred to in the second paragraph of Article 34.2.
For the application of Articles 30-3, 30-5, 41-1-1 and
41-2-1, the holder of a receipt of declaration shall be deemed to hold
authorisation to distribute services.
V. - Paragraphs 1 and 2 of Article 42-1 shall not
apply to services distributors authorised pursuant to this Article.
The Conseil supérieur de l’audiovisuel may withdraw
the authorisation in the event of a substantial change in the conditions under
the terms of which it had been issued and in particular upon joint request by
the holders of authorisations issued pursuant to Article 30-1.
Article 30-3
(inserted by Act No.
2000-719 of
With a period of two months as from the issue of the
authorisations provided for in Article 30-2, the producers of television
services seeking remuneration from users and holding an authorisation to use
the radio resource in accordance with Article 30-1 must have entered into the
required agreements on fair, reasonable and non-discriminatory conditions so
that each digital reception termination, whose conditional access system and
interactivity engine are operated by services distributors holding an
authorisation provided for in Article 30-2, may receive their programmes and
the services associated therewith.
Failing such agreements, the Conseil supérieur de
l’audiovisuel shall define the technical and commercial terms necessary for the
execution of said agreements in accordance with the terms provided for in
Article 30-5.
Article 30-4
(inserted by Act No. 2000-719
of
To permit better reception of the services authorised
pursuant to Article 30-1 in their geographic area, the Conseil supérieur de
l’audiovisuel may authorise use of new frequencies and use of new sites,
without invitation for tenders, unless said authorisations interfere with the
provisions of Article 1 and on condition that the radio resource is adequate to
enable all of the services authorised in the geographic area in question to
benefit from the provisions of this paragraph.
Failing such authorisations, the Conseil supérieur de
l’audiovisuel may launch a new invitation for tenders in accordance with the
terms of Article 30.1. Without prejudice to the provisions of Article 26, it
shall authorise the full and simultaneous rerun of television services
authorised pursuant to Article 30 when the applicants made a request to this
effect, then the services that do not seek remuneration from users.
Article 30-5
(Act No. 2000-719 of
(Act No. 2001-624 of
I. - The holders of authorisations referred to in
Articles 30-1 and 30-2, the companies holding a priority right to use the radio
resource under Article 26, any person referred to in Article 95, the services
providers to which said holders, companies and persons use as well as any
person referred to in Article 42 may refer any dispute relating to the
technical and financial terms relating to the distribution of audio-visual
communication services to the public by digital terrestrial radio link to the
Conseil supérieur de l’audiovisuel.
When the facts at the origin of the dispute are liable
to constitute an anti-competitive practice within the meaning of paragraph III
of Order No. 86-1243 of 1 December 1986 relating to unrestricted prices and
freedom of competition, the Conseil supérieur de l’audiovisuel shall refer the
matter to the Conseil de la concurrence and submit its opinion to it within a
period of one month. The matter may be submitted to the Conseil de la
concurrence in the scope of emergency proceedings. In this case the Conseil de
la concurrence shall decide within two months following the date of such
referral to the Conseil.
In other cases, the Conseil supérieur de l’audiovisuel
shall implement the procedure provided for in paragraph II.
II. - The Conseil supérieur de l’audiovisuel shall
decide within a period of two months after it has given the parties an
opportunity to submit their comments.
When the dispute restricts the offer of
telecommunication services, the Conseil supérieur de l’audiovisuel shall
consult the telecommunications regulatory authority which shall decide within a
period of one month. Subject to respect for secrets protected by law, the
council may also invite the concerned third parties to submit comments on
information that might be of use in settling the disputes referred to it. The
opinion of the telecommunications regulatory authority and comments by
concerned third parties shall be notified to the parties.
When the dispute directly interferes with the
composition of the programme offer authorised by the Conseil supérieur de
l’audiovisuel, it may, after hearing the parties in question, order protective
measures to ensure the continuity of the programme offer to television viewers.
The Conseil supérieur de l’audiovisuel shall give the
reasons for its decision and shall specify the technical and financial terms in
which the services shall be marketed and broadcast, in fair, reasonable and
non-discriminatory conditions.
The Conseil supérieur de l’audiovisuel shall publish
its decision, subject to the secrets protected by law. It shall notify them to
the parties and as a consequence modify, where applicable, the authorisations
issued.
Article 32
(Act No. 94-88 of 1 February 1994, Article 15,
Official Journal of 2 February 1994)
The authorisations provided for in this Article shall
be published in the Official Journal of the
The applicants shall be notified of the refusal to
grant authorisation and reasons for such refusal within one month after the
publication provided for in the previous paragraph.
CHAPTER II
Provisions applicable to radio and television
broadcasting by cable and satellite
Section I
Production of radio and television broadcasting
services by cable and satellite
Article 33
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 90-1170 of 29 December 1990, Article
17, Official Journal of 30 December 1990)
(Act No. 94-665 of 4 August 1994, Article 13,
Official Journal of 5 August 1994)
(Act No. 2000-719 of
A decree in Conseil d’Etat, adopted after consulting
the Conseil supérieur de l’audiovisuel, defines for each category of radio or
television broadcasting services distributed by cable or broadcast by
satellite:
1° The maximum term of
agreements;
2° The general rules of
programming;
3° The rules applicable to
advertising, teleshopping and sponsoring;
4° The rules applicable to
the services devoted exclusively to autopromotion or teleshopping;
5° The specific measures to ensure respect for the
French language and the influence of the French speaking world as well as those
relating to the broadcasting of French musical works or works performed in a
regional language spoken in France on radio broadcasting services;
6° The contribution of services producers to the
development of the production of films and audio-visual works, in particular,
of independent production with regard to them, as well as the share of said
contribution or the amount allocated for the purchase of broadcasting rights of
said works on the services that they produce, by setting, where applicable,
different rules for films and for audiovisual works and in relation to the
nature of the works broadcast and the exclusive terms of the broadcasting
thereof. For services whose main purpose is the programming of films or
audio-visual works, when so justified by the nature of their programme, said
contribution may take account in whole or in part of the costs of safeguarding,
restoring and developing heritage works. It may also include a part for
distribution of films;
7° The purchase of
broadcasting rights, according to the various modes of operation and the
limitation of the term of said rights when they are exclusive. For the first
broadcast of films in exclusivity, the term of the exclusive rights may vary in
relation to the nature and the amount of the contribution to the development of
the production;
8° The system of broadcasting
feature films and, in particular, the setting of a maximum number of broadcasts
and repeat broadcasts per year and the hourly schedule of programming of said
works;
9° Proportions of European and original French films
broadcast, in particular, at prime time, at least equal to
respectively 60% and 40%;
10° Proportions of European and original French
audio-visual works that may vary, in particular, in relation to the extent of
the service producer’s investment in the production, without, however, the
proportion of European works being less than 50%.
Said decree may provide for derogations from the
provisions of 5° and 10° for services issued in a language other than that of a
Article 33-1
(inserted by Act No.
2000-719 of
Radio and television broadcasting services that do not
consist of the full and simultaneous rerun either of a service provided by a
company referred to in Article 44 for the performance of the assignments
referred to in Article 43-11 by the channel referred to in Article 45-2 or by
the European cultural channel resulting from the treaty signed on 2 October
1990 and broadcast by terrestrial radio link, a service holding an
authorisation pursuant to Articles 29, 30 and 30-1 or a service subject to the
system of public service concession may be broadcast by satellite or
distributed on the cabled networks established pursuant to this chapter only
after an agreement has been entered into with the Conseil supérieur de
l’audiovisuel defining the obligations specific to said services.
The condition of simultaneousness is not required when
the service is directly distributed to the public in the overseas
administrative divisions,
Said agreement, which may be entered into with a legal
person only, shall define, in compliance with the general rules laid down
pursuant to this Act and, in particular, its Article 33, the obligations
specific to the service in question as well as the prerogatives and contractual
penalties that the Conseil supérieur de l’audiovisuel may impose to ensure
compliance with the contractual obligations. It may, within the limits set by
the decree provided for in Article 33, provide for the gradual application of
the rules provided for therein, in relation, in particular, to the number of
households receiving or that may receive said service; however, said time limit
may not exceed five years.
For the services that broadcast films, the agreement
may also relate to the assistance in addition to the financial support of the
film industry and the audio-visual industry in accordance with the terms of
allocation defined by the Finance Act.
For the television services whose programmes include
political and general information programmes, the agreement shall specify the
measures to be implemented to guarantee the pluralistic nature of the
expression of currents of thought and opinion as well as the integrity of
information and its independence with regard to the economic interests of
shareholders, especially when they hold procurement contracts or public service
concessions.
The agreement shall specify the modes of repeat
broadcasting, in whole or in part, by cable or satellite, of the television
service in several programmes. Said repeat broadcasts must be made according to
an identical principle with regard to the use or not of remuneration by users.
The obligations referred to in 6° and 7° of Article 33 shall then relate, as a
whole, to the service and the obligations referred to in 1°, 2°, 3°, 4°, 5°,
8°, 9° and 10° of same Article shall relate to each of the programmes forming
it.
Article 33-2
(inserted by Act No.
2000-719 of
Subject to the provisions of Article 26 of this Act,
the Conseil supérieur de l’audiovisuel shall authorise the use of broadcasting
frequencies for radio and television broadcasting by satellite in accordance
with a procedure laid down by decree in Conseil d’Etat. Authorisations, the
term of which may not exceed ten years for television services and five years
for radio broadcasting services, may be granted to companies only.
The council shall grant the authorisation having
regard to the priority requirements referred to in the eighth paragraph of
Article 29 and by taking account of the criteria set forth in the last three
paragraphs (1°, 2° and 3°) of this Article.
The radio and television broadcasting services
broadcast on said frequencies shall be subject to the provisions provided for
in Articles 33 and 33-1.
Article 33-3
(inserted by Act No.
2000-719 of
Telecommunication services whose purpose is directly
related to the supply of a radio and television broadcasting service may be
provided on cabled networks established pursuant to this chapter only after
authorisation by the Conseil supérieur de l’audiovisuel in accordance with the
terms provided for in Article 34 if they are related to several radio and
television broadcasting services or else after an agreement has been entered
into subject to the terms provided for in Article 33-1 if they are related to
one service only.
Section II
Distribution of radio and television broadcasting
services by cable and satellite
Article 34
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 90-1170 of 29 December 1990, Article
17, Official Journal of 30 December 1990)
(Act No. 92-653 of 13 July 1992, Article 2,
Official Journal of 16 July 1992)
(Act No. 2000-719 of
Towns shall authorise the establishment and
modifications of collective aerials in accordance with the terms provided in
the previous paragraph.
In dispersed residential areas whose features are
defined by decree, such a network may consist of one or more radio links for
the exclusive use of the transmission within said network of radio and
television broadcasting services, after authorisation to use the necessary
frequency or frequencies has been issued by the proper authority pursuant to
Article 21.
For the
The networks must conform with
overall technical specifications defined by joint order by the Ministers for
Industry, Telecommunications and Communication, adopted after consulting the
Conseil supérieur de l’audiovisuel. They shall be subject to technical
supervision by the aforementioned ministers.
The Conseil supérieur de l’audiovisuel shall authorise
operation of the networks thus established based on proposals by towns or
groups of towns in accordance with the terms defined by decree in Conseil
d’Etat.
II. - Authorisation to operate may be issued only to a
company, a low cost housing body within the meaning of Article L. 411-2 of the
Building and Housing Code or a town or inter-town authority such as provided
for in Article L. 221-10 of the General Code of Territorial Communities or
provided for by Electricity and Gas Nationalisation Act No. 46-628 of 8 April
1946, which is a legal person and is financially independent. It shall specify
the term of the authorisation as well as the composition and structure of the
services offer, the terms and conditions of marketing thereof and any agreement
to market the conditional access system. It may include obligations. It shall
define the methods of checking compliance with such obligations. Said
obligations shall relate to the following issues:
1° The live transmission of services broadcast by
radio link normally received in the area and the live transmission of the
international service covered by an agreement in accordance with Article 33-1
that contributed to France’s external audio-visual action, to the influence of
the French speaking world and to that of the French language in which at least
one of the companies referred to in Articles 44 and 45 is involved within the
limits and subject to the terms defined in the decree referred to in the sixth
paragraph of I of the present Article;
2° The composition and structure of the services offer
and, in particular, in accordance with the terms defined by decree in Conseil
d’Etat, the minimum proportions of services in the French language amongst the
services that entered into an agreement pursuant to Article 33-1 that, on the
one hand, are not controlled directly or indirectly either by the services
distributor or by one of its shareholders that owns at least 5% of its capital
or by the physical or legal person that directly or indirectly controls at
least half of the services in question and, on the other hand, are not
controlled directly or indirectly by a services distributor within the meaning
of Article 2-1.
Moreover, the authorisation may provide for :
a) The full time or shared allocation of a channel to
a town or a group of concerned towns for information on town and, where
applicable, inter-town life. A legal person with which
the town or group of towns may sign a contract with regard to objectives and
means defining the public service assignments and the terms of implementation
thereof may be appointed to operate the channel for a term between three and
five calendar years. Said contract shall be attached to the agreement provided
for in Article 33-1;
b) The full time or shared allocation of a channel to
an association declared pursuant to the Act of 1 July 1901 relating to the
contract of association or non-profit-making association governed by the local
law in the administrative divisions of Bas-Rhin, Haut-Rhin and Moselle, whose
role is to program programmes concerning local life. The Conseil supérieur de
l’audiovisuel shall appoint the association to which the channel is to be
allocated in relation, in particular, to the guarantees that it submits with
regard to respect for the pluralism of currents of thought and opinion;
c)
Distribution of a minimum number of own programmes;
d) Payment by the operator of a licence to the town or
group of concerned towns,
III. - The Conseil supérieur de l’audiovisuel shall
ensure that the composition of the offer, with regard to the services that it
approved pursuant to Article 33-1, conform with the public interest having
regard, in particular, to the variety of services proposed, the economic
equilibrium of contractual relations between services producers and for
services subject to the obligations provided for in paragraph 6 of Article 33,
in relation to the extent of their contribution to the development of film and
audio-visual production.
Any change in the composition and structure of an
offer shall be notified to the Conseil supérieur de l’audiovisuel which may
object thereto by reasoned decision within one month following notification if
it considers that it is liable to call the authorisation into question, in
particular, with regard to the obligations provided for in 1° and 2° of II as
well as the criteria referred to in the previous paragraph.
Article 34-1
(Act No. 90-1170 of 29 December 1990, Article
17, Official Journal of 30 December 1990)
(Act No. 91-645 of 10 July 1991, Article 3,
Official Journal of 13 July 1991)
(Act No. 93-1 of 4 January 1993, Article 12,
Official Journal of 5 January 1993)
(Act No. 2000-719 of
Radio and television broadcasting services that do not
consist of the full and simultaneous rerun either of a service provided by a
company referred to in Article 44 for the performance of the assignments
referred to in Article 43-11 by the channel referred to in Article 45-2 or by
the European cultural channel resulting from the treaty signed on 2 October
1990 and broadcast by terrestrial radio link, a service holding an
authorisation pursuant to Articles 29, 30, 31 and 65 or a service subject to
the system of public service concession may be distributed on the cabled
networks established pursuant to this chapter only after an agreement has been
entered into with the Conseil supérieur de l’audiovisuel defining the
obligations specific to said services.
The condition of simultaneousness is not required when
the service is directly distributed to the public in the overseas
administrative divisions,
Said agreement, which may be entered into with a legal
person only, shall define, in compliance with the general rules laid down
pursuant to this Act and, in particular, its Article 33, the obligations
specific to the service in question as well as the prerogatives and contractual
penalties that the Conseil supérieur de l’audiovisuel may impose to ensure
compliance with the contractual obligations. It may, within the limits set by
the decree provided for in Article 33, provide for the gradual application of
the rules provided for therein, in relation, in particular, to the number of
households receiving or that may receive said service; however, said time limit
may not exceed five years.
Article 34-2
(Act No. 90-1170 of 29 December 1990, Article
17, Official Journal of 30 December 1990)
(Act No. 93-1 of 4 January 1993, Article 12,
Official Journal of 5 January 1993)
(Act No. 96-659 of 26 July 1996, Article 21,
Official Journal of 27 July 1996)
(Act No. 2000-719 of
(Act No. 2001-624 of
Any services distributor that distributes an
audio-visual communication services offer that includes radio and television
broadcasting services to the public by satellite must make a prior declaration
to the Conseil supérieur de l’audiovisuel. Said declaration may be submitted by
a company only.
The declaration shall contain a file with the
following information: the composition and structure of the services offer, the
terms and conditions of marketing thereof, the economic equilibrium of
relations with the services producers, the composition of the company’s capital
as well as any agreement to market the conditional access system.
Any change in said information must be notified to the
Conseil supérieur de l’audiovisuel before such change occurs.
For the application of Articles 41-1-1 and 41-2-1, the
holder of a receipt of declaration shall be deemed to hold authorisation to
distribute services.
A decree in Conseil d’Etat defines the terms in which
each services distributor by satellite whose offer includes services covered by
an agreement pursuant to Article 33-1 must provide, amongst such services,
minimum proportions of services in the French language which, on the one hand,
are not controlled directly or indirectly by the distributor or by one of its
shareholders that owns at least 5% of its capital or by the physical or legal
person that directly or indirectly controls at least half of the services in
question and, on the other hand, are not controlled directly or indirectly by a
services distributor within the meaning of Article 2-1.
Any services distributor by satellite on the
metropolitan territory shall distribute free of charge to its subscribers the
international service covered by an agreement pursuant to Article 33-1 that
contributes to France’s external audio-visual action, to the influence of the
French speaking world and to that of the French language, in which at least one
of the companies referred to in Articles 44 and 45 is involved.
The Conseil supérieur de l’audiovisuel may by reasoned
decision within one month following the declaration provided for in the first
paragraph or the notification provided for in the third paragraph object either
to the operation of a services offer by satellite or to a change in the composition
and structure of said offer if its considers that said offer does not satisfy
or no longer satisfies the criteria and obligations provided for in the fifth
paragraph.
Article 34-3
(Act No. 92-653 of 13 July 1992, Article 4,
Official Journal of 16 July 1992)
(Act No. 2000-719 of
Any services distributor by satellite on the
metropolitan territory shall distribute free of charge to its subscribers the
services of the national programme companies referred to in paragraph I of
Article 44 and of the European cultural channel resulting from the treaty of 2
October 1990 that are broadcast by terrestrial radio link in analogue mode,
unless said latter companies consider that the services offer is clearly
incompatible with compliance with their public service assignments.
Notwithstanding Article 108 for overseas
administrative divisions, territories, territorial communities and New
Caledonia, any services distributor by satellite shall distribute free of
charge to its subscribers the services of the national programme company France
Overseas Network that are broadcast by terrestrial radio link in analogue mode,
unless said latter company considers that the services offer is clearly incompatible
with compliance with its public service assignments.
Services distributor by satellite shall bear the costs
of the transportation and broadcasting of said rerun. For overseas
administrative divisions, territories, territorial communities and
CHAPTER III
Provisions applicable to all audio-visual
communication services subject to authorisation
Article 35
It is forbidden to lend one’s name, in any way
whatsoever, to any person who applies for the issue of an authorisation for an
audio-visual service or who owns or controls, within the meaning of Article
355-1 of Companies Act No. 66-537 of 24 July 1966, a company that holds such an
authorisation.
Article 36
(Act No. 2000-719 of
Shares representing the capital of a company that
holds an authorisation issued pursuant to this Act must be registered.
Article 37
(Act No. 2000-719 of
Any legal person that holds an authorisation for an
audio-visual communication service shall make permanently available to the
public:
1° ;
2° Its name or corporate
name, its registered office, the name of its legal representative and of its
three main shareholders;
3° The name of the director
of the publication and the name of the editorial manager;
4° The list of publications
produced by the legal person and the list of other audio-visual communication
services that it provides.
Article 38
(Act No. 89-25 of 17 January 1989, Article 39,
Official Journal of 18 January 1989)
(Act No. 2000-719 of
Any physical or legal person that happens to hold a
part in excess of or equal to 10 percent of the capital or voting rights at the
general meetings of a company that holds an authorisation pursuant to this Act
must inform the Conseil supérieur de l’audiovisuel thereof within one month as
from exceeding said thresholds.
Article 39
(Act No. 86-1210 of 27 November 1986, Article 1,
Official Journal of 28 November 1986)
(Act No. 94-88 of 1 February 1994, Article 14,
Official Journal of 2 February 1994)
(Act No. 2000-719 of
(Act No. 2001-624 of
I. - A same physical or legal person acting alone or
together with others may not hold, directly or indirectly, more than 49% of the
capital or voting rights of a company that holds an authorisation for a
national television service broadcast by terrestrial radio link whose average
annual audience by terrestrial radio link, by cable and by satellite, both in
analogue and in digital mode, exceeds 2.5% of the total audience of the
television services.
For the application of the previous paragraph, the
audience of each of the programmes consisting, within the meaning of paragraph
14 of Article 28, in the repeat broadcasting, in whole or in part, by
terrestrial radio link, by cable and by satellite, of a broadcast television
service shall be counted jointly with the audience of the repeat broadcast of
the service.
A decree in Conseil d’Etat defines the provisions for
application of the previous two paragraphs. In particular, it shall set the
conditions in which the Conseil supérieur de l’audiovisuel shall record the
audience share of the television services and, in the event the audience level
referred to above is exceeded allow the parties in question a time limit which
may not exceed one year to conform with the aforementioned rule.
When a physical or legal person holds, directly or
indirectly, more than 15 percent of the capital or voting rights of a company
that holds an authorisation for a national television service by terrestrial
radio link in analogue mode, such party may not hold, directly or indirectly,
more than 15 percent of the capital or voting rights of another company that
holds such an authorisation.
When a physical or legal person owns, directly or
indirectly, more than 5 percent of the capital or voting rights of two
companies that hold an authorisation for a national television service
broadcast by terrestrial radio link in analogue mode, such party may not hold,
directly or indirectly, more than 5 percent of the capital or voting rights of
another company that holds such an authorisation.
II. - A same physical or legal person may not hold,
directly or indirectly, more than half the capital or voting rights of a
company that holds an authorisation for a television service broadcast
exclusively on the frequencies allocated to a radio and television broadcasting
service by satellite.
When a physical or legal person owns, directly or
indirectly, more than one third of the capital or voting rights of a company
that holds an authorisation for a television service broadcast exclusively on
the frequencies allocated to a radio and television broadcasting service by
satellite, such party may not hold, directly or indirectly, more than one third
of the capital or voting rights of another company that holds such an
authorisation.
When a physical or legal person owns, directly or
indirectly, more than 5 percent of the capital or voting rights of two
companies that hold an authorisation for a television service broadcast
exclusively on the frequencies allocated to a radio and television broadcasting
service by satellite, such party may not hold, directly or indirectly, more
than 5 percent of the capital or voting rights of another company that holds
such an authorisation.
III. - A same physical or legal person may not hold,
directly or indirectly, more than half the capital or voting rights of a
company that holds an authorisation for a television service broadcast by terrestrial
radio link that services an area with a recorded population of between two
hundred thousand and six million people.
IV. - The provisions of this Article shall apply
subject to compliance with vested legal interests.
V. - The fact of exceeding the part of the capital or
voting rights provided for under the regulations adopted pursuant to Article 6
a of the Stock Exchange Act No. 88-70 of 22 January 1988 shall entail the
obligation to file a draft public offer only within the limit of the share of the
capital or rights that enable it to reach the applicable limit pursuant to this
Article.
Article 40
Subject to the international undertakings signed by
France, no foreign national may make a purchase that directly or indirectly
causes the share of capital owned by foreigners to exceed 20 percent of the
share capital or voting rights in general meetings of a company that holds an
authorisation for a radio or television broadcasting service by terrestrial
radio link provided in the French language.
For the application of this Article, any individual of
foreign nationality, any company of which the majority of the capital is not
owned, directly or indirectly, by individuals or legal entities of French
nationality and any association whose corporate officers are foreign nationals
shall be deemed to be persons of foreign nationality.
Article 41
(Act No. 86-1210 of 27 November 1986, Article 1,
Official Journal of 28 November 1986)
(Act No. 94-88 of 1 February 1994, Article 15,
Official Journal of 2 February 1994)
(Act No. 2000-719 of
(Act No. 2001-624 of
(Act No. 2001-616 of
A same physical or legal person may, on the basis of
authorisations for the use of frequencies that it holds for the broadcasting of
one or more radio broadcasting services by terrestrial radio link or by means
of a programme that it provides to other holders of authorisations, have de
jure or de facto several networks only insofar as the sum of the recorded
populations in the areas serviced by said different networks does not exceed a
population of 150 million.
No one may hold two authorisations each for a national
television service broadcast by terrestrial radio link or simultaneously hold
authorisation for a national television service broadcast by terrestrial radio
link and an authorisation for a service of the same kind other than a national
service.
However, a same person may simultaneously hold an
authorisation for a national television service broadcast by terrestrial radio
link and several authorisations for services of the same kind each servicing a
different geographic area located in an overseas administrative division or in
an overseas territory or in New Caledonia or in Mayotte.
However, a same person may hold, directly or
indirectly, a maximum number of five authorisations each for a national
television programme or service broadcast by terrestrial radio link in digital
mode when said services or programmes are produced by separate companies or
when they are authorised in accordance with the terms provided for in the
second or last paragraph of paragraph III of Article 30-1.
A person may not hold more than two authorisations
each for a television service broadcast exclusively on frequencies allocated to
radio and television broadcasting by satellite.
A person that holds one or more authorisations each
for a television service broadcast by terrestrial radio link in analogue mode
other than national may not become a holder of a new authorisation for a
service of the same kind other than national if said authorisation were to
cause the recorded population of the areas serviced by all of the services of
the same kind for which it would hold authorisation to exceed a population of
six million.
A person that holds one ore more authorisations each
for a television service broadcast by terrestrial radio link in digital mode
other than national may not become a holder of a new authorisation for a
service of the same kind other than national if such authorisation were to
cause the recorded population of the areas serviced by all of the services of
the same kind for which it would hold authorisations to exceed a population of
six million.
A person that holds an authorisation to operate a
television service by terrestrial radio link in analogue mode in a specific
area may not become a holder of a new authorisation for a service of the same
kind broadcast in whole or in part on the same area in analogue mode.
A person that holds an authorisation to operate a
television service by terrestrial radio link in digital mode for a specific
area may not become a holder of a new authorisation for a service of the same kind
broadcast, in whole or in part, on the same area in digital mode.
A person that holds one or more authorisations each
for the operation of a network that distributes radio and television services
by cable may not become a holder of a new authorisation for a service of the
same kind if said authorisation causes the recorded population of the areas
serviced by all of the networks that it would be authorised to operate to
exceed a population of eight million.
Article 41-1
(Act No. 86-1210 of 27 November 1986, Article 1,
Official Journal of 28 November 1986)
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 2000-719 of
To protect pluralism on the national level in analogue
mode, no authorisation for a radio or television broadcasting service by
terrestrial radio link in analogue mode or for the operation of a network that
distributes radio and television broadcasting services by cable may be issued
to a person who, on account thereof, would be in more than two of the following
situations:
1° Be a holder of one or more
authorisations for television services broadcast by terrestrial radio link that
allows servicing of areas whose recorded population stands at four million
people;
2° Be a holder of one or more
authorisation for radio broadcasting services that allows servicing of areas
whose recorded population stands at thirty million people;
3° Be a holder of one or more authorisations for the
operation of networks that distribute radio and television broadcasting
services by cable that allow servicing of areas whose recorded population
stands at six million people;
4° Produce or control one or more daily printed
publications of political and general information representing more than 20% of
the total circulation on the national territory of printed daily publications
of the same kind, considered over the last twelve months known prior to the
date on which the application for authorisation was submitted.
However, an authorisation may be issued to a person
who does not satisfy the provisions of this Article, provided that such person
conforms with said provisions within a time limit set
by the Conseil supérieur de l’audiovisuel and which may not exceed six months.
Article 41-1-1
(inserted by Act No.
2000-719 of
To protect pluralism on the national level in digital
mode, no authorisation may be issued pursuant to Articles 30-1 or 30-2 to a person
who, on account thereof, would be in more than two of the following situations:
1° Be a holder of one or more
authorisations for television services broadcast by terrestrial radio link in
digital mode that allows servicing of areas whose recorded population stands at
four million people;
2° Be a holder of one or more
authorisation for radio broadcasting services that allows
servicing
of areas whose recorded population stands at thirty million people;
3° Be a holder of one or more
authorisations to distribute services that allow servicing of areas whose
recorded population stands at six million people;
4° Produce or control one or more daily printed
publications of political and general information representing more than 20% of
the total circulation on the national territory of printed daily publications
of the same kind, considered over the last twelve months known prior to the
date on which the application for authorisation was submitted.
However, an authorisation may be issued to a person
who does not satisfy the provisions of this Article, provided that such person
conforms with said provisions within a time limit set
by the Conseil supérieur de l’audiovisuel and which may not exceed six months.
Article 41-2
(Act No. 86-1210 of 27 November 1986, Article 1,
Official Journal of 28 November 1986)
(Act No. 2000-719 of
To protect pluralism on the regional and local level
in analogue mode, no authorisation for a radio or television broadcasting
service, other than national, by terrestrial radio link in analogue mode or the
operation of a network that distributes radio and television broadcasting
services by cable may be issued for a specific geographic area to a person who,
on account thereof, would be in more than two of the following situations:
1° Be a holder of one or more
authorisations for television services, whether national or not, broadcast by
terrestrial radio link in the area in question;
2° Be a holder of one or more
authorisations for radio broadcasting services, whether national or not, whose
total potential audience in the area in question exceeds 10 percent of the
total potential audiences in the same area of all public or authorised services
of the same kind;
3° Be a holder of one or more
authorisations for the operation of networks that distribute radio and
television broadcasting services by cable within said area;
4° Produce or control one or more daily printed
publications of political and general information, whether national or not,
circulated in said area.
However, an authorisation may be issued to a person
who does not satisfy the provisions of this Article, provided that such person
conforms with its provisions in accordance with the
terms set forth in the last paragraph of Article 41-1 above.
Article 41-2-1
(Act No. 2000-719 of
(Act No. 2001-624 of
To protect pluralism on the regional and local level
in digital mode, no authorisation, other than national, may be issued pursuant
to Articles 30-1 or 30-2 for a specific geographic area to a person who, on
account thereof, would be in more than two of the following situations:
1° Be a holder of one or more
authorisations for digital television services, whether national or not,
broadcast by terrestrial radio link in the area in question;
2° Be a holder of one or more
authorisations for radio broadcasting services, whether national or not, whose
total potential audience in the area in question exceeds 10 percent of the
total potential audiences in the same area of all public or authorised services
of the same kind;
3° be a holder of one or more authorisations for the
operation of networks that distribute services in the area in question;
4° produce or control one or more daily printed
publications of political and general information, whether national or not,
circulated in said area.
However, an authorisation may be issued to a person
who does not satisfy the provisions of this Article, provided that such person
conforms with said provisions in accordance with the
terms set forth in the last paragraph of Article 41-1.
Article 41-3
(Act No. 86-1210 of 27 November 1986, Article 1,
Official Journal of 28 November 1986)
(Act No. 94-88 of 1 February 1994, Article 15,
Official Journal of 2 February 1994)
(Act No. 2000-719 of 1 August 2000, Article 70,
Official Journal of 2 August 2000)
For the application of Articles 39, 41, 41-1, 41-1-1,
41-2 and 41-2-1:
1° ;
2° Any physical or legal person that controls, in the
light of the criteria set forth in Article 355-1 of the aforementioned Act No.
66-537 of 24 July, a company holding an authorisation or which is under said
company’s authority or dependent upon said company shall be deemed to hold an
authorisation. Any entity that operates or controls a radio broadcasting
service by terrestrial radio link or a television service broadcast exclusively
on the frequencies allocated to radio and television broadcasting by satellite
from abroad or on frequencies allocated to foreign States and normally received
in the French language in France;
3° Any physical or legal person that controls, within
the meaning of Article 11 of Act No. 87-897 of 1 August 1986 on reform of the
legal status of the press, the firm that publishes a publication shall be
deemed to be the publisher of said publication;
4° In relation to radio broadcasting by terrestrial
radio link:
a) Any service or group of services that broadcasts a
same programme for a majority proportion of air time of each service shall
constitute a network;
b) Any network that services an area with a recorded
population in excess of 30 million people shall constitute a national
broadcasting network.
5° Any television service
broadcast by terrestrial radio link that services a geographic area with a
recorded population in excess of six million people shall be deemed to be a
national service;
6° Any service broadcast by terrestrial radio link
which is broadcast simultaneously and in full on frequencies allocated to radio
and television broadcasting by satellite shall be deemed to constitute a sole
service broadcast by terrestrial radio link;
6° bis Any service broadcast by terrestrial radio link
in digital mode, authorised after an invitation for tenders and consisting for
overseas areas in the full rerun of a national programme authorised on the
metropolitan territory, produced by the same legal person, shall be deemed to
constitute a sole service broadcast by terrestrial radio link;
7° The potential audience of
an audio-visual communication service means the population recorded in the
towns or parts of the towns located in the servicing area of said service.
Article 41-4
(Act No. 86-1210 of 27 November 1986, Article 1,
Official Journal of 28 November 1986)
(Order No. 86-1243 of 1 December 1986, Article
60, Official Journal of 9 December 1986)
(Act No. 89-25 of 17 January 1989, Article 18,
Official Journal of 18 January 1989)
(Act No. 2000-719 of 1 August 2000, Article 37, Official
Journal of 2 August 2000)
(Act No. 2001-420 of 15 May 2001, Article 98,
Official Journal of 16 May 2001)
When mergers or planned mergers concerning, directly
or indirectly, a producer or a distributor of audio-visual communication
services are referred to the Conseil de la concurrence, pursuant to Article L.
430-5 of the Commercial Code, the Conseil de la concurrence shall consult the
Conseil supérieur de l’audiovisuel. For this purpose, the Conseil de la
concurrence shall notify the Conseil supérieur de l’audiovisuel of any seisin
in relation to said transactions. The Conseil supérieur de l’audiovisuel shall
forward its comments to the Conseil de la concurrence within a period of one
month following receipt of said communication.
The Conseil de la concurrence shall also consult the
Conseil supérieur de l’audiovisuel in respect of anti-competitive practices
referred to it concerning the audio-visual communication sector. For this
purpose, it shall notify it of any seisin in relation to such practices. The
Conseil supérieur de l’audiovisuel shall forward its comments to the Conseil de
la concurrence within a period of one month following receipt of said
communication.
The Conseil supérieur de l’audiovisuel shall refer any
fact that may constitute an anti-competitive practice within the meaning of
title III of the aforementioned order No. 86-1243 of 1 December 1986 that may
come to its knowledge concerning the audio-visual communication service to the
Conseil de la concurrence.
Article 42
(Act No. 86-1210 of 27 November 1986, Article 6,
Official Journal of 28 November 1986)
(Order No. 86-1243 of 1 December 1986, Article 60,
Official Journal of 9 December 1986)
(Order No. 86-1243 of 1 December 1986, Article 60,
Official Journal of 9 December 1986)
(Act No. 89-25 of 17 January 1989, Article 19,
Official Journal of 18 January 1989)
(Act No. 94-88 of 1 February 1994, Article 5, Official
Journal of 2 February 1994)
(Act No. 2000-719 of
The Conseil supérieur de l’audiovisuel may serve
producers and distributors of radio or television broadcasting services with
formal notice to comply with their obligations pursuant to the law and
regulations and pursuant to the principles defined in Article 1 of this Act.
The Conseil supérieur de l’audiovisuel shall publish
said formal notices.
Professional organisations and trade unions
representative of the audio-visual communication sector, the Conseil national
des langues et cultures régionales and family associations as well as
associations of which one of their objects is the defence of television
viewers’ interests may request the Conseil supérieur de l’audiovisuel to
initiate the formal notice procedure provided for in the first paragraph of
this Article.
Article 42-1
(Act No. 89-25 of 17 January 1989, Article 19,
Official Journal of 18 January 1989)
(Act No. 2000-719 of
If a producer or a distributor of a radio or
television broadcasting service fails to comply with the formal notice served,
the Conseil supérieur de l’audiovisuel may, considering the seriousness of the
breach, one of the following penalties:
1° Suspension of the authorisation or a part of the
programme for one month at most;
2° Reduction of the term of the authorisation within
the limit of one year;
3° A pecuniary penalty
possibly accompanied by a suspension of the authorisation or a part of the
programme if the breach does not constitute a criminal offence;
4° Withdrawal of the authorisation.
Article 42-2
(Act No. 89-25 of 17 January 1989, Article 19,
Official Journal of 18 January 1989)
(Act No. 2000-719 of
The amount of the pecuniary penalty must be commensurate
with the seriousness of the breaches committed and related to the benefits
drawn from the breaches, without being able to exceed 3 percent of the
revenues, excluding tax, made during the last year ended calculated over a
period of twelve months. Said maximum shall be brought to 5 percent in the
event of a further breach of the same obligation.
For the application of this Article, all advertising
revenues from the activity of the service shall be included in the amount of
the revenues.
Pecuniary penalties shall be recovered as state
credits other than tax and state property.
Article 42-3
(inserted by Act No.
89-25 of
The authorisation may be withdrawn, without prior
formal notice, in the event of a substantial change in data on the basis of
which the authorisation had been issued, in particular, changes in the
structure of the share capital or of management bodies and in the terms and
conditions of financing.
Article 42-4
(inserted by Act No.
89-25 of
Whenever holders of authorisations for the operation
of an audio-visual communication service breach their obligations, the Conseil
supérieur de l’audiovisuel may order the inclusion in programmes of a
communiqué whose the terms and conditions of broadcasting it shall define. The
holder shall be liable to a pecuniary penalty in the event of refusal to
conform with said decision.
Article 42-5
(inserted by Act No. 89-25
of
Facts dating back more than three years may not be
referred to the Conseil supérieur de l’audiovisuel if no action has been taken
to investigate, record or punish such facts.
Article 42-6
(Act No. 89-25 of 17 January 1989, Article 19,
Official Journal of 18 January 1989)
(Act No. 2000-719 of
The decisions of the Conseil supérieur de
l’audiovisuel shall be reasoned. They shall be notified to the producer or
distributor of the radio or television broadcasting services. They shall be
published in the Official Journal of the
Article 42-7
(Act No. 89-25 of 17 January 1989, Article 19,
Official Journal of 18 January 1989)
(Act No. 2000-719 of
The penalties provided for in paragraphs 2°, 3° and 4°
of Article 42-1 as well as those of Article 42-3 shall be imposed in accordance
with the terms of this Article.
The Conseil supérieur de l’audiovisuel shall notify
the complaints to the producer or distributor of the radio or television
broadcasting service for operation of an audio-visual communication service
which may consult the file and submit its written comments within a period of
one month. In the event of an emergency, the chairman of the Conseil supérieur
de l’audiovisuel may shorten said period, without being able to set it at less
than seven days.
The Conseil supérieur de l’audiovisuel shall hear the
producer or the services producer.
Article 42-8
(Act No. 89-25 of 17 January 1989, Article 19,
Official Journal of 18 January 1989)
(Act No. 2000-719 of
The producer or distributor of radio or television
broadcasting services may file an appeal before the Conseil d’Etat against the
decisions of the Conseil supérieur de l’audiovisuel referred to in Articles
42-1, 42-3 and 42-4 of this Act.
Article 42-9
(inserted by Act No. 89-25
of
The appeal filed against decisions of withdrawal taken
without prior formal notice shall be suspensive unless the withdrawal is
motivated by violation of law and order, public security or health. The Conseil
d’Etat shall rule within three months.
Article 42-10
(inserted by Act No.
89-25 of
In the event of breach of obligations arising from the
provisions of this Act and with respect to the performance of the assignments
of the Conseil supérieur de l’audiovisuel, its chairman may seek a court order
against the person liable for said breach which orders said person to conform
with its provisions, to terminate the irregularity or to abolish the effects
thereof.
The application shall be president of the legal
service of the Conseil d’Etat, which shall rule in interlocutory proceedings
and whose ruling shall be immediately enforceable. The president,
even on his own motion, make take all protective measures and impose a
fine with respect to the enforcement of his order.
Any concerned person may be joined as party in the
legal action brought by the chairman of the Conseil supérieur de l’audiovisuel.
Article 42-11
(inserted by Act No.
89-25 of
The Conseil supérieur de l’audiovisuel shall refer any
violation of the provisions of this Act to the public prosecutor.
Article 42-12
(Act No. 94-88 of 1 February 1994, Article 13,
Official Journal of 2 February 1994)
(Act No. 2000-719 of
When a firm that holds an authorisation in respect of
an audio-visual communication service is concerned by a transfer plan in
accordance with the terms provided for in Articles 81 et seq. of the Act No.
85-98 of 25 January 1985 relating to the court-ordered administration and
liquidation of firms, the court may, at the request of the public prosecutor
and after said magistrate has, within a period of one month, obtained the
favourable opinion of the Conseil supérieur de l’audiovisuel, in accordance
with the terms provided for by decree, authorise the execution of a
business-leasing agreement in accordance with Articles 94 et seq. of the
aforementioned Act No. 85-98 of 25 January 1985. Throughout the term of said
business-leasing, the transferee, notwithstanding the provisions of Article
42-3 of this Act, shall hold the authorisation that had been granted to the transferred
firm.
If, during the business-leasing, the transferee does
not obtain the necessary authorisation from the Conseil supérieur de
l’audiovisuel, the court, on its own motion or upon application by the
commissioner with responsibility for implementing the plan or by the public
prosecutor, shall order the termination of the business-leasing agreement and
the cancellation of the plan. In this case, there shall be no need to apply the
provisions of Article 98 of the aforementioned Act No. 85-98 of
The authorisation referred to in the previous
paragraph shall be issued, without an invitation for tenders.
Article 42-13
(inserted by Act No.
2000-719 of
An action to have the decisions taken by the Conseil
supérieur de l’audiovisuel pursuant to paragraph II of Article 30-5 declared
void or reformed may be brought within a period of one month as from
notification thereof.
The legal action shall not have suspensory effect.
However, enforcement of the decision may be suspended by court order if it is
liable to entail clearly excessive consequences or if new facts of an
exceptional seriousness occur after the notification thereof.
An action to have the protective measures taken by the
Conseil supérieur de l’audiovisuel declared void or reformed may be brought ten
days at the most after the notification thereof. Said action shall be judged
within a period of one month.
Article 42-14
(inserted by Act No.
2000-719 of
Actions against the decisions and protective measures
taken by the Conseil supérieur de l’audiovisuel pursuant to paragraph II of
Article 30-5 shall be brought before the Court of Appeal of
The appeal to the Cour de Cassation brought, where
applicable, against the ruling of the Court of Appeal shall brought within a
period of one month after notification of said ruling.
Article 42-15
(inserted by Act No.
2000-719 of
When a party to the dispute fails to conform within
the time limits set in the decision taken pursuant to paragraph II of Article
30-5, the Conseil supérieur de l’audiovisuel may impose a pecuniary penalty on
it in accordance with the terms of Articles 42-2 and 42-4.
Said decisions shall be reasoned. They shall be
notified to the concerned party. A appeal before the
Conseil d’Etat, which shall have a suspensory effect, may be brought against
said decisions.
CHAPTER IV
Provisions relating to audio-visual communication
services subject to a prior declaration
Article 43
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 90-1170 of 29 December 1990, Article
18, Official Journal of 30 December 1990)
(Act No. 92-653 of 13 July 1992, Article 3,
Official Journal of 16 July 1992)
(Act No. 2000-719 of
Shall be subject to prior declaration:
1° ;
2° Notwithstanding Articles
33-1 and 34 of this Act:
a) The operation of networks that service less than
one hundred households and which only distribute radio and television
broadcasting services broadcast by terrestrial radio link and by satellite and
which are normally received in the area as well as the operation of networks
which only distribute radio and television broadcasting services broadcast by
terrestrial radio link and which are normally received in the area. Any legal
person may then operate.
However, when said networks are located in an area
serviced by a network authorised pursuant to Article 34, they may be operated
under the regime of prior declaration only if an
offer to connect to the authorised network has been
previously rejected either by the general meeting of co-owners in accordance
with the terms provided for under j of Article 25 of Act No. 65-557 of 10 July
1965 defining the status of the co-ownership of buildings either by the tenants
that the lessor consults in accordance with the terms of Article 42 of Act No.
86-1290 of 23 December 1986 that aims to favour rental investment, accession to
ownership of public housing and the development of real property offer.
The ministerial order provided for in Article 34
defines the special terms in which said networks shall be subject to the
overall technical specifications referred in said Article.
b) The internal audio-visual communication services
within a firm or a public service.
The declaration concerning the services that use the
telecommunication networks defined in paragraph I of Article L. 33-1 of the
Posts and Telecommunications Code shall be filed with the public prosecutor. In
all other cases provided for in paragraphs 1° and 2° above of this Article, the
declaration shall be filed with the public prosecutor and with the Conseil
supérieur de l’audiovisuel.
Advertising sports broadcast by the services referred
to in this Article must be presented as such.
The service provider must inform users:
1° The information referred
to in Article 37 of this Act;
2° The rate applicable when
the service gives rise to remuneration;
A decree in Conseil d’Etat defines the rules
applicable to the broadcasting of films by said services.
CHAPTER V
Determining the television services subject to this
Act
Article 43-2
(Act No. 96-659 of 26 July 1996, Article 15,
Official Journal of 27 July 1996)
(Act No. 2000-719 of
This Act shall apply to television services whose
operator is established in France according to the criteria provided for in
Article 43-3 or which fall within the remit of France pursuant to the criteria
provided for in Article 43-4, without prejudice to the application of the rules
relating to occupancy of the public domain.
Article 43-3
(Act No. 96-659 of 26 July 1996, Article 15,
Official Journal of 27 July 1996)
(Act No. 2000-719 of
A television service operator shall be deemed to be
established in
When a service operator has its actual registered
office in France, but management decisions relating to programming are taken in
another member State of the European Community or another State party to the
European economic space agreement, it shall be deemed to be established in
France if an important part of the workforce employed in the activities of the
service work there, even if an important part of the workforce employed in the
activities of the service also works in the State where the management
decisions relating to programming are taken. When an important part of
workforce employed in the activities of the service do not work either in
France or in the State where the management decisions relating to programming
are taken, the service operator shall be deemed to be established in the first
State where the service was lawfully distributed to the public, provided that a
stable and real economic relationship is maintained with said State.
When a service operator has its actual registered
office in France, but decisions relating to programming are taken in another
State which is not a member of the European Community or in another State party
to the European economic space agreement, it shall be deemed to be established
in France if an important part of the workforce employed in the activities of
the service work there.
When the service operator has its actual registered
office in another member State of the European Community or in another State
party to the European economic agreement, but management decisions relating to
programming are taken in France, it shall be deemed to be established in France
if an important part of the workforce employed in the activities of the service
work there, unless an important part of the workforce employed in the
activities of the service also work in another State. When an important part of
the workforce employed in the activities of the service does not work in the
State where it has its actual registered office or in France, the service
operator shall be deemed to be established in the first State where the service
was lawfully distributed to the public, provided that a stable and actual
economic relationship is maintained with said State.
When the service operator has its actual registered
office in another State which is not a member of the European Community or in
another State not a party to the European economic service agreement, it shall
be deemed to be established in France if decisions relating to the programming
of the service are taken in France and if an important part of the workforce
employed in the activities of the service work in France.
Article 43-4
(inserted by Act No.
2000-719 of
The television service operators to which none of the
criteria defined in Article 43-3 apply shall fall within the remit of
a) If they use a frequency allocated by
b) If, not using a frequency allocated by a member
State of the European Community or by a State party to the European economic
space agreement, they use a satellite capacity falling within the remit of
France;
c) If, not using a frequency allocated by a member
State of the European Community or by a State party to the European economic
space agreement or a satellite capacity falling within the remit of one of said
States, they use a liaison rising to a satellite from a station located in France.
Article 43-5
(inserted by Act No.
2000-719 of
Apart from the cases provided for in Articles 43-3 and
43-4, the establishment criteria provided for in Articles 52 et seq. of the
treaty establishing the European Community shall be applied to determine the
applicable law.
Article 43-6
(inserted by Act No.
2000-719 of
Service operators falling within the remit of another member
State of the European Community or another State party to the European economic
space agreement shall, prior to the distribution of the television service to
the public by a means of telecommunication other than terrestrial radio link,
make a declaration to the Conseil supérieur de l’audiovisuel, in accordance
with a procedure defined by decree.
The Conseil supérieur de l’audiovisuel may
provisionally suspend the live transmission of said services in accordance with
a procedure defined by decree if the following conditions are fulfilled:
a) The service has broadcast programmes that may
clearly, seriously and severely harm the physical, mental or moral development
of minors or contain any incitement to hatred or violence on the grounds of
race, sex, morality, religion or nationality more than twice during the
previous twelve months;
b) After notification of the complaints to the
service, the alleged violation persists.
CHAPTER VI
Provisions relating to on-line communication services
other than private correspondence
Article 43-7
(inserted by Act No.
2000-719 of
Individuals or legal entities whose activity consists
of offering access to on-line communication services other than private correspondence
must, firstly, inform subscribers of the existence of technical means that
allow access to certain services to be restricted or to be selected, secondly,
propose at least one of said means to them.
Article 43-8
(inserted by Act No.
2000-719 of
Physicals or legal persons that provide, free of
charge or on fee paying basis, direct and permanent storage for distribution to
the public of signals, documents, pictures, sounds or
messages
of any kind accessible through said services shall be criminally or legally
liable on account of the contents of said services only:
- if, after a judicial
authority has referred the matter to them, they have not acted promptly to
prevent access to said contents;
[Provisions declared to violate the Constitution by
decision of the Conseil constitutionnel No. 2000-433 DC of
Article 43-9
(inserted by Act No.
2000-719 of
The service providers referred to in Articles 43-7 and
43-8 must hold and keep data liable to permit the identification of any person
who has contributed to the creation of the contents of services that they
provide.
They must also provide persons who produce an on-line
communication service other than private correspondence with technical means to
enable them to comply with the conditions of identification provided for in
Article 43-10.
The judicial authorities may request communication of
data referred to in the first paragraph from the service providers referred to
in Articles 43-7 and 43-8. The provisions of Articles 226-17, 226-21 and 226-22
of the Penal Code shall apply to the processing of said data.
A decree in Conseil d’Etat, adopted after consulting the
Commission nationale de l’informatique et des libertés, shall define the data
referred to in the previous paragraph and determine the retention period and
the methods of retention.
Article 43-10
(inserted by Act No.
2000-719 of
- if they are individuals,
their surnames, forenames and addresses;
- if they are legal entities,
their names or corporate names and their registered offices;
- the name of the director or
joint director of the publication and, where applicable, that of the editorial
manager within the meaning of Article 93-2 of Audio-visual Communication Act
No. 82-652 of
- the name or corporate name
and address of the service provider referred to in Article 43-8.
II. - To protect their anonymity, persons who produce
an on-line communication service other than private correspondence in a
non-professional capacity may only hold the name or corporate name and address
of the service provider referred to in Article 43-8 at the disposal of the
public, provided that they communicated to it the personal identification information
provided for in I.
TITLE III
THE PUBLIC AUDIO-VISUAL COMMUNICATION SECTOR
Article 43-11
(inserted by Act No.
2000-719 of
The companies listed in Articles 44 and 45 carry out
public service assignments in the public interest. They shall offer the public,
taken as a whole, a group of programmes and services which are characterised by
their diversity and their pluralism, their requirement of quality and
innovation, respect for the rights of the person and of constitutionally
defined democratic principles.
They shall present a diversified offer of programmes
in analogue and digital modes in the areas of information, culture, knowledge,
entertainment and sport. They favour democratic debate, exchanges between
different parts of the population as well as integration into society and
citizenship. They shall promote the French language and highlight cultural and
linguistic heritage in its regional and local diversity. They shall contribute
to the development and broadcasting of intellectual and artistic creation and
of civic, economic, social, scientific and technical knowledge as well as to
audio-visual and media education.
Using adapted devices, they shall favour access to
their broadcasted programmes by persons who are deaf and hard of hearing.
They shall guarantee the integrity, independence and
pluralism of information as well as the pluralist expression of currents of
thought and opinion in respect for the principle of the equality of treatment
and the recommendations of the Conseil supérieur de l’audiovisuel.
The institutions of the public audio-visual
communication sector, with respect to the performance of their assignment,
shall contribute to the external audio-visual action, the influence of the
French speaking world and the broadcasting of the French language and culture
throughout the world. They shall endeavour to develop new services that may
enrich or complete their programme offer as well as the new technologies of
production and broadcasting of audio-visual communication programmes and
services.
A report on the application of the provisions of this
Article shall be filed each year in Parliament.
Article 44
(Act No. 2000-719 of
(Act No. 2000-1207 of
1° The national programme
company, named
2° The national television
company, named
3° The national programme
company, named La Cinquième, shall be responsible for designing and programming
educational television programmes and favouring access to knowledge, training
and employment to be broadcast throughout the entire metropolitan territory.
Said programming must contribute to image and media education.
Said company shall favour the broadcasting of
educational and training programmes on diversified media as well as use thereof
by other audio-visual communication services by teaching and training
institutions.
The companies referred to in Article L. 321-1 of the
Intellectual Property Code shall enter into agreements with the proper
authorities that set forth the terms in which the teaching and training institutions
shall be authorised to make and use copies of programmes broadcast by said
companies for educational purposes.
The company France Télévision may establish
subsidiaries for the purpose of producing television services broadcast in
digital mode for which users do not pay a remuneration
and which satisfy the public service assignments defined in Article 43-11 and
in their terms of reference. The capital of said companies shall be owned
directly or indirectly by public entities.
II. - The national progamme company, named Réseau
France Outre-mer, shall be responsible for designing and programming television
and radio programmes to be broadcast in overseas administrative divisions,
territories and territorial communities as well as in New Caledonia. It shall
promote the French language as well as regional languages and cultures. The
programmes of the other national programme companies shall be distributed free
of charge. The programmes that it produces shall be distributed free of charge
to France Télévision as well as Radio France which shall promote and ensure the
influence of the cultures of overseas
It shall provide territorial continuity for other
national programme companies according to systems that may be differentiated,
by taking account of the distinctive features of the overseas administrative
divisions according to terms and conditions defined by its terms of assignments
and of reference after consultation of each Conseil Régional.
It may provide an international image service. It
shall enter into multiyear co-operation agreements with Radio France and France
Télévision, in particular, with respect to development, production, programmes
and information.
III. - The national programme company, named Radio France,
shall be responsible for designing and programming national and local radio
broadcasting programmes to be broadcast throughout the entire metropolitan
territory or part thereof. It shall favour regional expression on its
decentralised aerials throughout the entire territory. It shall develop
artistic heritage and creation, in particular, thanks to music groups that it
shall manage and develop.
IV. - The national programme company, named Radio
France Internationale, shall contribute to the spreading of the French culture
through the design and programming of radio broadcasting programmes in French
or in a foreign language for foreign audiences as well as for French nationals
residing abroad. Said company’s assignment shall be to provide information on French
and international current affairs.
V.- In
accordance with the officially defined terms, in particular, in their terms of
assignment and of reference, the national programme companies and the
subsidiaries referred to in the last paragraph of paragraph I may produce for
themselves and incidentally audio-visual works and documents and participate in
co-production agreements.
They may invest in co-producer’s shares in the
financing of a film only through the intermediary of a subsidiary, which is
their own subsidiary, which is established for said sole company object.
Article 44-1
(inserted by Act No.
2000-719 of
France Télévision may also, in compliance with the
attributions of the companies referred to in 1°, 2° and 3° of I of Article 44,
establish subsidiaries to carry on activities within the scope of its company
object that differ from those provided for in Clause 43-11.
Article 45
(Act No. 94-88 of 1 February 1994, Article 2,
Official Journal of 2 February 1994)
(Act No. 2000-719 of
A company, named Arte
The capital of said company is owned directly or
indirectly by public entities.
Article 45-1
(Act No. 94-88 of 1 February 1994, Article 3,
Official Journal of 2 February 1994)
(Act No. 99-1174 of 30 December 1999, Article 1,
Official Journal of 31 December 1999)
The Assemblée nationale and the Sénat shall produce a
programme to present and report on their works, under the supervision of their
committee, and cause the broadcasting thereof by cable and by radio link. This
programme may also relate to the operating of parliamentary institutions and
make provision for public debate in respect for the pluralism of the groups
formed in each of the assemblies.
Article 45-2
(Act No. 99-1174 of 30 December 1999, Article 2,
Official Journal of 31 December 1999)
(Act No. 2000-719 of
The parliamentary and civic television channel
established by the Assemblée nationale and the Sénat is named “La Chaîne
parlementaire”. It contains, at parity of air time, the programmes of the two programme
companies, one for the Assemblée nationale, the other for the Sénat.
It carries out a public service assignment, an
assignment information and training of citizens in public life through
parliamentary, educational and civic programmes.
In the scope of its editorial independence, the
channel shall ensure the impartiality of its programmes.
The programme company, named “La Chaîne
parlementaire-Assemblée nationale”, shall be responsible for designing and
programming programmes to present the work of the Assemblée nationale as well
as accompanying programmes. It shall produce and make them.
The programme company, named “La Chaîne
parlementaire-Sénat”, shall be responsible for designing and programming
programmes to present the work of the Sénat as well as accompanying programmes.
It shall produce and make them.
Both said programme companies shall be managed by
chairman and managing directors appointed for three years by the committees of
the Assemblies, on a motion by their presidents.
The nature, composition, method of appointment and
powers of the other management bodies shall be determined by the Articles of
association of each programme company, which shall be approved by the committee
of the Assembly to which it is attached.
Each programme company shall enter into an agreement
with the Assembly that it reports to, which sets forth the terms and conditions
of performance of its assignment as well as the amount of the financial
participation that it is allocated by said Assembly.
The capital of each of said companies shall be held
entirely by the Assembly to which it is attached. Programme companies shall be
financed by annual allowances. Each Assembly shall directly allocate its
company all of the sums that it considers to be necessary to carry out its assignments.
Subject to the provisions of this Article, said
companies shall be governed by the law applicable to limited companies.
The Parliamentary Channel shall not broadcast any
advertising spots and any tele-shopping programme.
The programme company as well as the programmes that
they programme fall outside the scope of the authority of the Conseil supérieur
de l’audiovisuel.
The committee of each of the Assemblies shall define
and supervise the conditions in which the regulations applicable to the services
referred to in Article 33 shall apply to the Parliamentary Channel.
Article L. 133-1 of the Code of Financial
Jurisdictions shall not apply to said companies which shall be governed by the
provisions of the regulations of each of the Assemblies concerning the auditing
of their accounts.
Article 45-3
(Act No. 99-1174 of 30 December 1999, Article 3,
Official Journal of 31 December 1999)
(Act No. 2000-719 of
(Act No. 2001-624 of
Save for an objection by the managing bodies of the
programme companies referred to in Article 45-2, any distributor of services by
cable or satellite must broadcast uncoded and at its expense the interactive
programmes and services associated with the "La Chaîne
Parlementaire". Said associated interactive programmes and services shall
be distributed to all users free of charge, in accordance with technical
broadcasting methods equivalent to those of the national programme companies.
Article 46
(Act No. 99-1174 of 30 December 1999, Article 4,
Official Journal of 31 December 1999)
(Act No. 2000-719 of
A Conseil consultatif des programmes has been established with France
Télévision. Said Conseil shall be comprised of twenty members
appointed for three years, after a draw amongst persons that owe a licence for
the right to use television receivers and after they have expressed their
consent, in accordance with the procedure defined by decree in Conseil d’Etat.
The Conseil consultatif des programmes shall issue
opinions and recommendations on programmes. It shall meet at least twice a
year, including once with the board of directors of France Télévision.
Article 47
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 89-532 of 2 August 1989, Article 1,
Official Journal of 4 August 1989)
(Act No. 2000-719 of
The State owns all of the capital of France
Télévision, Réseau
Said companies as well as France 2, France 3 and La
Cinquième shall be governed by the law applicable to limited companies, unless
otherwise provided for by law. Their Articles of association shall be approved
by decree.
Article 47-1
(inserted by Act No.
2000-719 of
The board of directors of France Télévision shall be comprised of twelve members with a five-year term
of office:
1° Two members of Parliament
appointed respectively by the Assemblée nationale and by the Sénat;
2° Four representatives of
the State;
3° Four qualified personalities appointed by the
Conseil supérieur de l’audiovisuel, of which at least one shall be from the
associative movement and at least another from the audio-visual or film
creation or production world;
4° Two employee
representatives elected in accordance with the provisions of title II of Act
No. 83-675 of
The Conseil supérieur de l’audiovisuel, by a majority
of its members, shall appoint for a five year term of office the chairman of
the board of directors of France Télévision amongst the personalities that it
appointed.
The chairman of the board of directors of France
Télévision shall also be the chairman of the board of directors of France 2,
France 3 and La Cinquième.
The managing directors of France 2, France 3 and La
Cinquième shall be appointed by the board of directors of France Télévision on
a motion by its chairman.
The board of directors of each of the companies France
2, France 3 and La Cinquième shall be comprised, in addition to the chairman, of
seven members for a five-year term of office.
1° Two members of Parliament
appointed respectively by the Assemblée nationale and by the Sénat;
2° Two representatives of the
State appointed by decree, one of which shall be appointed amongst the
representatives of the State on the board of directors of France Télévision;
3° A qualified personality appointed by Conseil
supérieur de l’audiovisuel amongst qualified personalities appointed by the
Conseil supérieur de l’audiovisuel to the board of directors of France
Télévision;
4° Two elected employee representatives.
Article 47-2
(inserted by Act No.
2000-719 of
The board of directors of each of the companies Réseau
1° Two members of Parliament
appointed respectively by the Assemblée nationale and by the Sénat;
2° Four representatives of
the State;
3° Four qualified representatives appointed by the
Conseil supérieur de l’audiovisuel;
4°Two elected employee
representatives appointed in accordance with the provisions applicable to the
election of employee representatives to the board of directors of the firms
referred to in paragraph 4 of the aforementioned Act No. 83-675 of
Article 47-3
(inserted by Act No.
2000-719 of
The Conseil supérieur de l’audiovisuel shall appoint,
by the majority of its members, the chairmen of the companies France Overseas
Network and Radio France with a five year term of office from amongst the
personalities that it appointed to the board of directors.
The Conseil supérieur de l’audiovisuel shall appoint,
by the majority of its members, the chairman of Radio France Internationale
with a five year term of office from amongst the representatives of the State
on the board of directors.
Article 47-4
(inserted by Act No.
2000-719 of
Appointments by the Conseil supérieur de l’audiovisuel
of chairmen to the board of directors of the companies referred to in Articles
47-1 to 47-3 shall be the subject of a reasoned decision [Provisions declared
to violate the Constitution by decision of the Conseil constitutionnel No.
2000-433 DC of 27 July 2000.]
Article 47-5
(inserted by Act No.
2000-719 of 1 August 2000, Article 8, Official Journal of 2 August 2000)
The terms of office of the chairmen of the board of
directors of the companies referred to in Articles 47-1 to 47-3 may be
withdrawn from them in accordance with the same procedures as that in which
they were entrusted to them.
In the event of a tie in voting within a managing body
of one of said companies, the chairman shall have a casting vote.
In the event of a vacancy, whatever the reason may be,
of one or more of the seats of member of the board of directors of the
companies referred to in Articles 47-1 to 47-3, the board of directors shall
validly deliberate until one or more new members have been appointed, subject
to compliance with the quorum rules.
Article 47-6
(inserted by Act No.
2000-719 of 1 August 2000, Article 8, Official Journal of 2 August 2000)
The provisions of Articles 101 to 105 of the
aforementioned Act No. 66-537 of 24 July 1966 shall not apply to agreements
entered into between the State and the companies referred to in the first
paragraph of paragraph I of Article 53 or to agreements entered into between
France Télévision and the companies France 2, France 3 and La Cinquième as well
as the companies referred to in the last paragraph of paragraph I of Article
44. The statutory auditors shall submit a special report on said agreements to
the general meeting deciding on said report.
Article 48
(Act No. 86-1067 of 30 September 1986, Official
Journal of 1 October 1986)
(Act No. 89-25 of 17 January 1989, Article 20,
Official Journal of 18 January 1989)
(Act No. 94-88 of 1 February 1994, Article 2,
Official Journal of 2 February 1994)
(Act No. 2000-719 of 1 August 2000, Article 16,
Official Journal of 2 August 2000)
The terms of reference set by decree define the
obligations of each of the companies referred to in Article 44 and, in
particular, the obligations related to their educational, cultural and social
assignment. When one of said companies produces several services, the terms of
reference shall specify the features of each of the services.
The terms of reference shall be published in the
Official Journal of the French Republic.
The Government shall submit the provisions of the
terms of reference to the Conseil supérieur de l’audiovisuel for opinion. Said
reasoned opinion and the presentation report of the decree shall be published
in the Official Journal of the French Republic.
The methods of programming advertising programmes of
the national programme companies shall be specified in the terms of reference.
Moreover, the terms of reference shall specify the maximum share of advertising
that may come from a same advertiser.
Said companies may only have those of their programmes
that correspond to their educational, cultural and social assignment sponsored
in accordance with the terms defined by said terms of reference.
Article 48-1-A
(inserted by Act No.
2000-719 of 1 August 2000, Article 9, Official Journal of 2 August 2000)
As from the entry into force of the aforementioned Act
No. 2000-719 of 1 August 2000, the companies referred to in I, II and III of
Article 44 may not grant or maintain, in any way whatsoever, an exclusive right
to rerun their programmes broadcast by terrestrial radio link.
Article 48-1
(Act No. 94-88 of 1 February 1994, Article 4,
Official Journal of 2 February 1994)
(Act No. 2000-719 of 1 August 2000, Article 73,
Official Journal of 2 August 2000)
The Conseil supérieur de l’audiovisuel shall serve
formal notice on the companies referred to in Article 44 to comply with the
obligations imposed on them by law and regulations and by the principles
defined in Article 1.
The Conseil supérieur de l’audiovisuel shall publish
said formal notices.
Professional organisations and trade unions
representative of the audio-visual communication sector as well as the Conseil
national des langues et cultures régionales and family associations recognised
by Union nationale des associations familiales may request the Conseil
supérieur de l’audiovisuel to initiate the procedure provided for in the first
paragraph of this Article.
Article 48-2
(Act No. 94-88 of 1 February 1994, Article 4,
Official Journal of 2 February 1994)
(Act No. 2000-719 of 1 August 2000, Article 72,
Official Journal of 2 August 2000)
If a company referred to in Article 44 fails to comply
with the formal notices served on it, the Conseil supérieur de l’audiovisuel
may impose a suspension of a part of the programme for one month at most or a
pecuniary penalty within the limits defined in Article 42-2 and provided that
the breach does not constitute a criminal offence. The Conseil supérieur de
l’audiovisuel shall request the company to submit its comments to it within a
period of two clear days as from receipt of said request. The decision shall
then be taken without implementation of the procedure provided for in Article
48-6. The refusal to comply with said decision shall be liable to a pecuniary
penalty within the limits defined in Article 42-2.
Article 48-3
(Act No. 94-88 of 1 February 1994, Article 4,
Official Journal of 2 February 1994)
(Act No. 2000-719 of 1 August 2000, Article 75,
Official Journal of 2 August 2000)
In all events of breach of the obligations on the
companies referred to in Article 44, the Conseil supérieur de l’audiovisuel may
order the insertion of a communiqué in the programme. It shall define the terms
and conditions of broadcasting thereof. In the event of refusal to comply
with said decision, the company shall be liable to a pecuniary penalty within
the limits defined in Article 42-2.
Article 48-4
(inserted by Act No.
94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)
Pecuniary penalties shall be collected as state
credits other than tax and state property.
Article 48-5
(inserted by Act No.
94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)
Facts dating back more than three years may not be
referred to the Conseil supérieur de l’audiovisuel if no action has been taken
to investigate, record or punish such facts.
Article 48-6
(Act No. 94-88 of 1 February 1994, Article 4,
Official Journal of 2 February 1994)
(Act No. 2000-719 of 1 August 2000, Article 72,
Official Journal of 2 August 2000)
The pecuniary penalties provided for in Article 48-2
shall be imposed in accordance with the terms of this Article.
The Conseil supérieur de l’audiovisuel shall notify
the complaints to the company in question which may consult the file and submit
its written comments within a period of one month. In the event of an
emergency, the chairman of the Conseil supérieur de l’audiovisuel may shorten
said period, without being able to set it at less than seven days.
The Conseil supérieur de l’audiovisuel shall hear the
chairman of the company in question or its representative. It may also hear any
person, the hearing of which it considers may make a relevant contribution to
its information.
Article 48-7
(inserted by Act No.
94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)
The decisions of the Conseil supérieur de
l’audiovisuel shall be reasoned. They shall be notified to the company in
question and published in the Official Journal of the French Republic.
Article 48-8
(inserted by Act No.
94-88 of 1 February 1994, Article 4, Official Journal of 2 February 1994)
The company in question may file an appeal before the
Conseil d’Etat against the decision of the Conseil supérieur de l’audiovisuel taken
pursuant to Article 48-2 or Article 48-31, within a period of two months of the
notification thereof.
Article 48-9
(Act No. 94-88 of 1 February 1994, Article 4, Official
Journal of 2 February 1994)
(Act No. 2000-719 of 1 August 2000, Article 79, Official
Journal of 2 August 2000)
The provisions of Article 42-1 shall apply in the
event of breach of the obligations incumbent on the companies referred to in
Article 44.
Article 48-10
(Act No. 94-88 of 1 February 1994, Article 4,
Official Journal of 2 February 1994)
(Act No. 2000-719 of 1 August 2000, Article 74,
Official Journal of 2 August 2000)
The Conseil supérieur de l’audiovisuel shall refer any
breach of the provisions of this Act committed by the companies referred to in
Article 44 of the public prosecutor.
Article 49
(Act No. 92-546 of 20 June 1992, Article 8,
Official Journal of 23 June 1992)
(Act No. 2000-719 of 1 August 2000, Article 10,
Official Journal of 2 August 2000)
The Institut national de l’audiovisuel, a public
utility company, shall be responsible for keeping and developing the national
audio-visual heritage.
I. - The Institut shall keep the audio-visual records
of the national programme companies and contribute to use thereof. The nature,
rates and financial terms of the documentary services and the methods of using
said records shall be defined by agreement between the Institut and each of the
companies in question. Said agreements shall be approved by order of the
ministers with responsibility for the budget and communication.
II. - The Institut shall use extracts from the
audio-visual records of the national programme companies in accordance with the
terms set forth in the terms of reference. In this respect, it shall hold
rights to use said extracts upon the expiry of a one-year period as from the
first broadcasting thereof.
The Institut shall retain title to technical media and
equipment and hold rights to use the audio-visual records of the national
programme companies and the company referred to in Article 58 that had been
transferred to it prior to the publication of the aforementioned Act No.
2000-719 of 1 August 2000. However, the national programme companies as well as
the company referred to in Article 58 shall, each in its own respect, retain a
priority right to use said records.
The Institut shall exercise the rights to use referred
to in this paragraph in respect for the moral and pecuniary rights of the
holders of copyright or of copyright neighbouring rights and of their assigns.
III. - The Institut may enter into agreements with any
legal person in respect to the keeping and use of its audio-visual records. It
may acquire rights to use said audio-visual documents and to receive bequests
and donations.
IV.- Pursuant to Article 5 of
Act No. 92-546 of 20 June 1993 relating to legal deposit and in accordance with
the terms defined by decree in Conseil d’Etat, the Institut shall be
responsible for the legal deposit of sound and audio-visual documents broadcast
on radio or television which it shall manage in accordance with the objectives
and terms defined in Article 2 of the same Act.
V.- The
Institut shall contribute to innovation and research in the area of
audio-visual production and communication. In the context of its assignments,
it shall carry out studies and experiments and, in this respect, shall produce
audio-visual works and documents for current and future networks. It shall
contribute to initial and continuing vocational training and to all forms of
teaching in the audio-visual communication professions.
VI.- The terms of assignment
and of reference of the Institut national de l’audiovisuel is defined by
decree.
The Institut national de l’audiovisuel may recourse to
arbitration.
Article 49-1
(inserted by Act No.
94-88 of 1 February 1994, Article 6, Official Journal of 2 February 1994)
In the event of breach by the Institut national de
l’audiovisuel of the obligations imposed on it pursuant to the law and
regulations and pursuant to the principles defined in Article 1, the Conseil
supérieur de l’audiovisuel shall make public comments to the board of
directors. It may also, by reasoned decision, enjoin the chairman of the
Institut to take, within a time limit set in the decision, the necessary
measures to terminate breach.
Article 50
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 2000-719 of 1 August 2000, Articles 13
and 14, Official Journal of 2 August 2000)
The board of directors of the Institut national de
l’audiovisuel shall be comprised of twelve members with a five year term of
office:
1° Two members of Parliament
appointed respectively by the Assemblée nationale and by the Sénat;
2° Four representatives of
the State appointed by decree;
3° Four qualified personalities appointed by the
Conseil supérieur de l’audiovisuel;
4° Two elected employee representatives.
The chairman, chosen amongst the members of the board
of directors representing the State, shall be appointed for five years by
decree in conseil des ministres.
In the event of a tie in voting, the chairman shall
have a casting vote.
Article 51
(Act No. 96-660 of 26 July 1996, Article 14,
Official Journal of 27 July 1996)
(Act No. 2000-719 of 1 August 2000, Articles 16
and 17, Official Journal of 2 August 2000)
A company whose Articles of
associations have been approved by decree and the majority of whose capital is
owned directly or indirectly by the State shall broadcast and transmit the
programmes of the companies referred to in Articles 44 and 45 in France and
abroad using all analogue telecommunication processes.
Subject to the provisions of the previous paragraph,
it may offer, concurrently with other operators, all broadcasting and
transmission services to all distributors and producers of audio-visual
communication services.
It shall investigate and collaborate in determining
standards concerning radio and television broadcasting equipment and
techniques.
It shall be subject to the law applicable to limited
companies, subject to the contrary provisions of this Act. Terms of reference
approved by decree in Conseil d’Etat shall define the company’s obligations,
considering, in particular, the requirements of national defence and the
assistance that it must give to the operating of the Conseil supérieur de
l’audiovisuel.
Article 53
(Act No. 2000-719 of 1 August 2000, Article 15,
Official Journal of 2 August 2000)
I. - The State shall enter into agreements in respect
of objectives and means with each of the companies France Télévision, Réseau
France Outre-mer, Radio France and Radio France Internationale as well as the
company Arte France and the Institute national de l’audiovisuel. The term of
said agreements shall be between three and five calendar years.
In particular, the agreements in respect of objectives
and means shall determine, in respect for the public service assignments as
defined in Article 43-11, for each company or public corporation:
- the priorities of its
development, including the undertakings made concerning diversity and
innovation in creation;
- the estimated cost of its
activities for each of the years in question and the quantity and quality
indicators of performance and results applied;
- the amount of public funds
to be allocated to it, by identifying as a priority those devoted to the
development of the programme budgets;
- the amount of the income
expected from own revenues, in particular, those from trademark advertising and
sponsoring;
- the economic prospects for
the services that give rise to payment of a price.
The agreement in respect of objectives and means of
France Télévision shall determine the same data for each of the companies
France 2, France 3 and La Cinquième and the subsidiaries referred to in the
last paragraph of I of Article 44.
II. - The board of directors of France Télévision shall
approve the draft agreement in respect of objectives and means of said company
and shall deliberate on the annual performance thereof.
The board of directors of France 2, France 3 and La
Cinquième and of each of the subsidiaries referred to in the last paragraph of
paragraph I of Article 44 shall be consulted, each in its own respect,
concerning the draft agreement in respect of objectives and means referred to
in the previous paragraph as well as concerning the annual performance thereof.
The chairman of France Télévision shall submit a
report each year to the commissions with responsibility for cultural affairs of
the Assemblée nationale and the Sénat concerning the performance of the
company’s agreement in respect of objectives and means.
The board of directors of the Institut national de
l’audiovisuel and the companies Radio France, France Overseas Network and Radio
France Internationale as well as the proper body of the company Arte France
shall approve their respective agreements in respect of objectives and means
and shall deliberate on the annual performance thereof.
III. - Each year, at the time of the vote on the
Finance Act, the Parliament, based on a report by a member of each of the
finance commissions of the Assemblée nationale and Sénat with the powers of a
special rapporteur, shall authorise the collection of a tax named licence for
right to use based on television receivers and shall approve the allocation of
public funds allocated to the licence application account between the companies
France Télévision, Radio France, Radio France Internationale, France Overseas
Network, the company Arte France and the Institut national de l’audiovisuel.
A Government report on the situation and management of
public sector institutions shall be attached to the finance bill. Said report
shall give a detailed account of the performance of each of the agreements in
respect of objectives and means of said institutions. For the companies France
2, France 3 and La Cinquième, it shall provide forecasts of revenues and
expenses and, in particular, specify the income expected from said companies’
own revenues.
As from 1 January 2001, any taxpayer may, at its
request, pay the tax named licence referred to in the first paragraph of this
paragraph by instalments in accordance with the terms defined by decree in
Conseil d’Etat, without any loss of funds ensuing therefrom for the allottee
institutions.
IV. - The amount of public funds allocated to France
Télévision shall be paid to said company, which shall allocate the amount
thereof in full, in accordance with the terms defined in the agreement in
respect of objectives and means, to the companies France 2, France 3 and La
Cinquième as well as to the subsidiaries referred to in the last paragraph of
paragraph I of Article 44.
For this purpose, the board of directors of France
Télévision shall approve an estimate of revenues and expenses of said company
and of its subsidiaries for each financial year. It shall also approve, after
consultation of the board of directors of the companies in question, the
changes made, where applicable, during the financial year to the allocation of
the amount of public funds allocated pursuant to the Finance Act to France
Télévision.
V. - Exemptions from the audio-visual licence decided
on social reasons give rise to full reimbursement of the general budget of the
State [Provisions declared to violate the Constitution by decision of the
Conseil constitutionnel No. 2000-433 DC of 27 July 2000].
Said reimbursement shall be calculated on the basis of
exemptions in force on the date of publication of the aforementioned Act No.
2000-719 of 1 August 2000 as well as on the basis of those that may be
subsequently decided.
VI. - For each of the companies France 2 and France 3,
the time devoted to the broadcasting of advertising spots may not exceed eight
minutes per sixty-minute period.
For said same companies, the board of directors of
France Télévision shall determine the time limitations applicable to messages
to promote programmes.
VII. - At the end of the first financial year during
which the rules referred to in VI are applied, the Government shall submit a
report to Parliament on the impact thereof on the development of the
advertising market.
Article 53-1
(inserted by Act No.
96-1811 of 30 December 1996, Article 79, Official Journal of 31 December 1996)
A document recording the credits of any kind that
contribute to the operating of the operators intervening in the area of
external audio-visual action and of which the State or the national programme
companies referred to in Article 44 directly own more than half of the capital
at the closing of the last financial year shall be attached to the finance bill
of the year.
It shall be accompanied by the financial results of
the previous year, the provisional accounts of the current year as well as
forward budgets of the operators referred to in the previous paragraph and a
Government report on France’s external audio-visual action and on the situation
and management of said institutions.
Article 54
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
(Act No. 2000-719 of 1 August 2000, Article 86,
Official Journal of 2 August 2000)
The Government may any time cause
the companies referred to in paragraphs 1 and 2 of paragraph I of Article 44
and the company referred to in Article 51 to programme and broadcast all
statements or communications that it considers necessary.
The programmes shall be announced as coming from the
Government.
They may give rise to a right of reply according to
terms and conditions defined by the Conseil supérieur de l’audiovisuel.
Article 55
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
Parliamentary debates shall be transmitted live by the
national programme companies under the supervision of the committee of each of
the Assemblies.
Programme time shall be granted to the political
parties represented by a group in one or other of the Assemblies of Parliament
as well as to representative trade union and professional organisations on a
national scale according to the terms and conditions defined by the Conseil
supérieur de l’audiovisuel.
Article 56
(Act No. 2000-719 of 1 August 2000, Article 16,
Official Journal of 2 August 2000)
France 2 shall programme religious programmes devoted
to the main religions practised in France on Sunday mornings. Said programmes
shall be produced under the responsibility of the representatives of said
religions and be presented in the form of the live transmission of cultural
ceremonies or religious comments. The company shall bear the costs of
production within the limit of a maximum amount set in the annual provisions of
the terms of reference.
Article 57
(Act No. 2000-719 of 1 August 2000, Article 87,
Official Journal of 2 August 2000)
I. - The rights of the personnel and the journalists
of the institutions referred to in this title may not depend in their opinion,
beliefs or trade union or political membership. Hiring, appointment,
advancement and transfer shall be taking place without other conditions than
the professional capacities required and respect for the public service open to
all.
II. - In the event of a concerted termination of work
in the national programme companies or in the companies referred to in the last
paragraph of paragraph I of Article 44 or the company referred to in Article
51, continuity of the service shall be assured in the following conditions:
- notice of strike must reach
the chairman of the institutions referred to in the previous paragraph within a
period of five clear days prior to the starting of the strike. It must set the
place, date and time of the start as well as the duration, whether limited or
not, of the planned strike;
- a new notice may be lodged
by the same trade union organisation only at the end of the initial notice
period and possibly of the strike that followed the latter;
- radio and television signals must be created,
transmitted and emitted by the services or the personnel of programme companies
and the company referred to in Article 51 which are responsible therefor;
- a decree in Conseil d’Etat
shall define the provisions for application of the above paragraph. In
particular, it shall define the services and categories of personnel strictly
essential for the performance of said assignment and which the chairmen of the
companies in question may call on.
III. - Notwithstanding the provisions of paragraph II
above, the chairman of each company must take the necessary measures with
respect to performance of the services that the number and categories of
personnel present permit to be provided.
TITLE IV
TRANSFER OF THE NATIONAL PROGRAMME COMPANY
"TELEVISION FRANCAISE 1"
Article 58
(Act No. 89-25 of 17 January 1989, Article 29,
Official Journal of 18 January 1989)
The capital of the national programme company,
Télévision française 1, shall be transferred to the private sector in
accordance with the terms of this title.
50 percent of the capital shall be transferred to a
group of buyers appointed, in accordance with the terms defined in Articles 62
to 64 hereinafter, by the Conseil supérieur de l’audiovisuel. A group of buyers means two or more individuals or legal entities,
acting together but not jointly and making joint and several undertakings for
the purposes defined hereinafter. When they are legal entities, none of them
must control, within the meaning of Article 355-1 of the aforementioned Act No.
66-537 of 24 July 1966, another legal person acting together with it.
Then 10 percent of the capital shall be proposed to
the employees of the firm in accordance with the terms of Article 60 and 40
percent shall be the subject of a public issue in accordance with the terms of
Article 61.
Article 59
The national programme company “Télévision française
1” may be transferred only at a price that it is at least equal to the value of
said company.
The company’s value shall be assessed by the
privatisation commission provided for in Article 3 of Act No. 86-912 of 6
August 1986 relating to the provisions for the application of privatisations
decided by Act No. 86-793 of 2 July 1986 authorising the Government to take
various economic and social measures in accordance with the terms and
conditions defined in this Article.
The Minister with responsibility for the economy and
the Minister with responsibility for communication shall refer the matter to
the privatisation commission. It shall set the firm’s value.
The evaluation shall be made according to the
objective methods currently practised in the matter of the total or partial
transfer of assets by taking account of the terms of reference serving as a
basis for the invitation for tenders referred to in the fifth paragraph of
Article 62, the net assets and the intangible assets, the company’s prospects
of profits, the value of its subsidiaries as well as any information of any
kind that may contribute to its stock exchange valuation. Said evaluation shall
be made public.
The offer prices, the transfer prices as well as the
exchange parities shall be defined by joint order of the relevant ministers
upon consultation of the commission referred to in the second paragraph.
Said prices and parities may not be less than the
evaluation made by the privatisation commission and shall take account of the
estimated value of the benefits granted by the State pursuant to Article 60,
apart from the ninth paragraph, and to Article 61.
The privatisation committee shall give its opinion on
the marketing procedures.
Article 60
The part of 10 percent of the capital of the national
television company, Télévision française 1, referred to in the third paragraph
of Article 58 shall be offered first and foremost to the employees of said
company and to those of its subsidiaries in which it owns the majority of the
share capital and to the former employees if they provide proof of an agreement
of a term of at least five years worked with the company or its subsidiaries.
Applications must be served in full. However, each
individual application may be served only within the limit of three times the annual
maximum amount of social security contributions.
The transfer price of securities shall be equal to 80
percent of the price set for the public issue in accordance with the terms of
Article 59 at the time of the first offer of subscription or the trading price
on the date of the transfer to the employees if it takes place during the
period of two years provided for in the penultimate paragraph of this Article.
The securities thus acquired shall not be transferable
prior to full payment thereof and, in any event, before a period of two years.
Government bonds or bonds serviced by the State shall
be accepted in payment, within the limit of 50 percent at most of the amount of
each purchase. Said securities shall be valued, at the date of exchange, on the
basis of the average of their trading prices calculated over a period that
includes the twenty trading days prior to the marketing of the shares on offer.
At the time of the exchange of the securities referred
to in this Article, the provisions of Articles 92 B and 160 of the General Tax
Code shall not apply to gains and capital gains on transfers.
In the event of the transfer of the shares received,
the capital gain or loss shall be calculated on the basis of the purchase price
or value of the securities exchanged. When said securities were purchased
within the scope of Nationalisation Act No. 82-155 of 11 February 1982 or of
the transactions referred to in Article 19 of the amending 1981 Finance Act
(No. 81-1179 of 31 December 1981) and Article 14 of the amending 1982 Finance
Act (No. 82-1152 of 30 December 1982), the calculation shall be based on the
purchase price or value of the securities that granted entitlement to
indemnification.
The employees shall be granted an extension of terms
of payment. Said extension of terms of payment may not exceed three years. The
purchasing employees shall, as from the date of purchase, have all the rights
that the law applicable to limited companies grants to shareholders.
Moreover, the State shall allocate a bonus share for
one share bought within the limit of half the monthly maximum amount of social
security contributions from the moment the securities thus bought directly from
the State have been kept at least one year as from the date on which they
became transferable.
The benefits resulting from the method of setting the
transfer price, the extension of terms of payment and the free distribution of
shares referred to respectively in the third, seventh and eighth paragraphs of
this Article may be accumulated. They shall not be applied to calculate the tax
base of income tax and social security contributions.
The securities proposed by the State shall be
transferred directly to the persons referred to in the third paragraph of
Article 58. If the sum of applications submitted by said persons at the end of
time limit set by the relevant ministers for the first offer of subscription is
less than 10 percent of the capital, the Minister with responsibility for the
economy, based on a proposal by the Minister with responsibility for culture
and communication, shall again offer the securities that have not been bought,
within the two years, to the persons referred to in the third paragraph of
Article 58 on the same special terms.
Securities that have not been transferred at the end
of the period of two years referred to in the previous paragraph shall be sold
on the market.
Article 61
The public issue referred to in the third paragraph of
Article 58 shall take place at the price set in accordance with the terms of
Article 59. The terms and conditions of the public issue shall be defined by
joint order of the relevant ministers. Purchase orders shall be reduced by
joint order so as to favour orders relating to the lowest quantities.
The total amount of securities transferred directly by
the State to foreign individuals or legal entities or under foreign control may
not exceed 5 percent of the company’s capital. Government bonds or bonds
serviced by the State shall be accepted in payment within the limit of 50
percent at most of each purchase. Said securities shall be valued at the date
of exchange on the basis of the average of their trading prices calculated over
a period that includes the twenty trading days prior to the marketing of the
shares on offer.
At the time of the exchange of the securities referred
to in this Article:
1° For firms, the capital
gain or loss resulting from the exchange of securities appearing on their
balance sheet shall not be taken into account to determine the taxable income
of the current financial year. Shares received in exchange shall be posted on
the balance sheet for the same accounting value as that of the securities
exchanged;
2° For individuals, the
provisions of Articles 92 B and 160 of the General Tax Code shall not apply to
gains and capital gains on transfer.
In the event of the transfer of shares received:
1° For firms, the date on
which the securities remitted in exchange were acquired shall serve as a
reference to calculate the capital gain. The calculation shall be made on the
basis of the tax value posted in the company’s records. For securities remitted
pursuant to the aforementioned Act No. 82-155 of 11 February 1982 or in the
scope of the transactions referred to in Article 19 of aforementioned Act No.
81-1179 of 31 December 1981 and Article 14 of aforementioned Act No. 82-1152 of
30 December 1982, said value shall be that defined in Article 248 A of the
General Tax Code.
2° For individuals, the
capital gain or loss shall be calculated on the basis of the purchase price or
value of the securities remitted in exchange in accordance with the terms of
Article 60.
A bonus share shall be allocated for five shares
bought directly from the State and kept at least eighteen months and within the
limit of an equivalent that does not exceed FRF 25,000.
Extension of terms of payment may be granted in
accordance with the terms of the seventh paragraph of Article 60.
The benefits resulting from the extension of terms of
payment and the free distribution of shares referred to in the previous
paragraphs may be accumulated. They shall not be applied to calculate the tax
base of income tax and social security contributions.
Article 62
(Act No. 2000-719 of