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 par