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2012: Pluralism and Convergence
Conseil supérieur de l’audiovisuel is the independent authority in charge of regulating audiovisual communications. In line with the principle of freedom of communication enshrined in the French constitution, it is charged with ensuring independence of the broadcasting media, and pluralism in social and cultural trends expressed. Upon request by law-makers, the Conseil also contributes to public policy implementation by the broadcasting industry. The Conseil forwards a work report to the President of the Republic, Government, and Parliament, every year. As part of the report, the Conseil is entitled to submit "changes to laws and regulations it deems desirable in view of technological, economic, social, and cultural developments in the audiovisual industry."
This summary provides an overview of the CSA's main projects and actions in 2012, and submits to public authorities changes to laws and regulations the CSA believes desirable.
I. Economic Regulation, Organising France's Audiovisual Landscape
Pay TV: Enhanced Regulation Necessary
Stringent Provisions to Offset Controlling Stakes in National Free-to-Air Television
Extension of the DTT Platform: Six New HD Channels
Fostering Sustainable Development of Local Television Channels
ROLE OF THE CONSEIL SUPÉRIEUR DE L’AUDIOVISUEL
IN THE FUTURE OF PUBLIC BROADCASTING
Further Reform of the Radio Environment
DIGITAL TERRESTRIAL RADIO: PRELIMINARY INSIGHT FROM THE FIRST STEPS
REVISING MERGER CONDITIONS IN THE RADIO INDUSTRY SEEMS NECESSARY
FROM CTRs to CTAs: A SUCCESSFUL REFORM; ENHANCED DIALOGUE
Contributing to the Sustainability and Vibrancy of Audiovisual Production
SUPPORTING CINEMA PRODUCTION
SUPPORTING AUDIOVISUAL PRODUCTION
MUSIC: A HIGH STAKE FOR RADIO AND TELEVISION
II. Guaranteeing Pluralism during Election Periods: Hindsight from the 2012 Presidential Campaign
III. New Technologies, New Programmes, New Uses: Centrepieces in the Future of Broadcasting Regulation
Convergence of Broadcasting and Electronic Communications
New Trends in Programmes; Assessing Quality
NEW PROGRAMMES, NEW CHALLENGES
IMPROVED PERCEPTION OF PROGRAMME QUALITY BY THE PUBLIC
European and International Cooperation
IV. CSA's Societal Charges: A Year of Significant Achievements
Young Audiences' Personal Development: Progress Born Out of Dialogue
Success of the Food Charter
Sports Ethics: New Charges for the CSA
Persons with Disabilities: Accessibility and Visibility
Community Organisations
The CSA and diversity: both an "internal" and an "external" issue
V. 2012-2013: Continuity and Renewal
For the Conseil supérieur de l’audiovisuel, 2012 was marked by the cross-issues of pluralism in the broadcasting media, and communication technology convergence1.
Pluralism, first of all, was broached in all its facets: pluralism in the political sphere, when monitoring presidential and general elections; pluralism in the economic sphere, as regards, in particular, large merger transactions in the television industry, or when analysing possible audiovisual production contribution terms; and, finally, social and cultural pluralism with the arrival of new DTT channels, local broadcasting enhancement, and a more sustained action in favour of diversity.
Secondly, communication technology convergence has clearly become a key factor to reckon with in future broadcasting regulation. The distinction between audiovisual communication and other forms of electronic communication to the public has become blurred, as means of access to programmes multiply and the sheer number of them has an influence on programmes themselves. The current legal scope of audiovisual regulation, however, is based precisely on that distinction. In 2012, therefore, the impact of convergence was at the core of significant wide-ranging analysis work done on regulatory institutions, as well as on more specific topics such as the development of connected TVs and the protection of young audiences on the Internet.
I. Economic Regulation,
Organising France's Audiovisual Landscape
In close cooperation with France's Autorité de la concurrence (competition authority), the CSA is charged with monitoring fundamental balances in broadcasting markets. In 2012, the CSA's attention was mobilised by large transactions occurring in the television industry, and by the on-going review of radio merger control regulation. Audiovisual production has also been placed under enhanced scrutiny given the difficult economic context.
Pay TV:
Enhanced Regulation Necessary
The merger between Canal+ and TPS has had a deep structuring impact on pay television for several years. New developments took place in 2012.
Following the withdrawal of the initial merger authorisation, the Autorité de la concurrence (France's competition authority) referred the matter to the CSA requesting an opinion. In view of the market positions resulting from the transaction, the Conseil suggested a set of support measures; most of them were included in the new merger authorisation, subsequently granted subject to 33 injunctions. In an arrêt d'Assemblée dated 21 December 2012, the Conseil d'État ruled the decision handed down by the Autoritié de la concurrence to have been on the whole legal.
The CSA's monitoring of pay television can only intensify in the future. Under the law of 30 September 1986, and competition law, the CSA is charged with ensuring that economic relations between editors and distributors comply with transparency and non-discrimination. Accordingly, in addition to the monitoring of the CanalSat-TPS file, close attention was, and will be, paid to the strategic issue of channel numbering in satellite packages. Likewise, as regards sports channels, particular attention will be devoted to the development of new channel BeIN Sport.
However, the current scope of the broadcasting regulator's authority is not sufficient for it to ensure balance in the pay television market. Its action is too heavily dependent on merger transactions occurring or, on matters being referred to it, in the event of disputes. This is why in its second contribution to the Government regarding the future of broadcasting regulation, the Conseil indicated that it believed it necessary to be endowed with full ex ante regulation authority over the pay television market. That authority would be general in scope, and could be exercised in close cooperation with the Autorité de la concurrence (France's competition authority) through referrals to the same for opinions. Additionally, that authority would apply to on-demand audiovisual media services markets. A legislative amendment to this effect is submitted in the report.
Stringent Provisions to Offset Controlling Stakes in National Free-to-Air Television
Groupe Canal Plus was already present in the national free-to-air television market with i>Télé, its news channel. It increased its presence with the purchase of group Bolloré's channels Direct 8 and Direct Star. Having taken due note of the Conseil's opinion of 22 May 2012, and in view of the undertakings given by the purchaser to offset the anti-competitive effect of its purchase of a controlling stake, the Autorité de la concurrence (competition authority) granted approval of the transaction on 23 July 2012. On 18 September 2012, on the basis of a report by Emmanuel Gabla, Chair of the "Economics of the Broadcasting Industry" working group, the Conseil also approved the purchase, subject to the introduction in the channels' legal agreements (conventions), and, more particularly, in that of D8 (formerly Direct 8), of stringent requirements in relation to program showcasing and financing.
Extension of the DTT Platform: Six New HD Channels
For free-to-air national television, 2012 marked a new stage in the development of DTT after completion of digital switch-over. Following an invitation for applications, which were reviewed in particular by Alain Méar and Emmanuel Gabla, six new national free-to-air HD channels started operation on 12 December 2012. The mere increase in the number of programmes is not the sole improvement: the legal agreements (conventions), entered into by the Conseil with selected applicants, contain enhanced requirements, such as protection of youths and health, and promotion of French society's diversity.
In mainland France (métropole), the roll-out of the new channels on terrestrial airwaves will gradually take place until 2 June 2015.. The channels have already been available, since 12 December 2012, on all networks not using frequencies assigned by the CSA. Upon completion of this new stage of DTT extension in France, the Conseil forwarded Government a report on the future of the DTT platform (l’avenir de la plateforme TNT)detailing a set of proposed policies to ensure sustainability of on-air terrestrial television broadcasting in France. The development of this anonymous, free, and easy-to-use broadcasting medium, through which channels are showcased very efficiently, must be sustained by innovative services.
The Conseil advises early scheduling for a possible switch-over to compression standard MPEG-4 at end of 2015, and preparing for the new standards—DVB-T2 as regards broadcasting, HEVC as regards compression. The former objective would permit HD switch-over of all DTT channels.
Echoing Michel Boyon in the report to the Prime Minister on the future of DTT(Rapport au Premier ministre sur l’avenir de la TNT) in August 2011, the CSA's annual report recommends repealing the so-called "compensatory channels" rule; as part of digital switch-over, and in specific conditions, the rule allowed allocation of additional frequencies to private editors of national services. As underlined by the European Commission in a reasoned opinion delivered to France on 29 September 2011, the rule may be found to be out of line with European Union law. The legal uncertainty regarding the status of the rule under European Union law weighs on the development perspectives of affected operators; it seems desirable, therefore, that it be repealed.
Finally, easing the conditions under which DTT channels may switch from encrypted to free-to-air broadcasting may be central to DTT development in the future. For this, the CSA would have to have authority to approve necessary amendments to channels' initial frequency licenses.
More broadly, greater authority should be granted to the Conseil to evaluate the opportunity of invitations for applications, in particular with respect to the possible effects of new licenses on the market level-playing field. Three possible legislative amendments to this effect are submitted in the report.
Fostering Sustainable Development of Local Television Channels
DTT frequencies in sub-national coverage areas may be made available in exchange for local programming obligations. However, these obligations have essentially been interpreted quantitatively, i.e., in terms of numbers of hours, and in the sometimes extremely limited authorised coverage area. Enforcement has not been satisfactory. Monitoring has also proven to be rather difficult. Therefore, local programming obligations should be interpreted using a more quality-oriented approach. Nicolas About has led work in this respect on behalf of the CSA's Board.
At plenary meeting of 22 May 2012, the Conseil decided that future invitations for applications and related legal agreements (conventions) will include revised obligations.
First of all, the notion of local programmes may refer to an extended area: half of the air time to be devoted to local programmes may deal with surrounding départements and regions,beyond the sole area covered by the license. Second, local news about the coverage area may consist in a daily hour of previously undisclosed news. In large coverage areas, the new terms should open real development opportunities for local channels; in smaller coverage areas, they should rapidly give rise to new initiatives, as the new obligations are more realistic and more easily monitored.
Further analysis on the notion of local programming will be done in 2013, so as to further refine the criteria.
Finally, in 2012, the arrival of six new national HD channels highlighted how crucial the issue of numbering is for local channels, and more broadly of being sufficiently showcased in programme packages. For this purpose, the CSA deems it necessary to improve the conditions in which local channels are broadcast by Internet Service Providers (ISPs). Legislative amendments should be introduced so that ISPs' would be required to broadcast local channels and not just national ones. The report includes possible amendments to the relevant provisions of the law of 30 September 1986 to this effect.
ROLE OF THE CONSEIL SUPÉRIEUR DE L’AUDIOVISUEL
IN THE FUTURE OF PUBLIC BROADCASTING
It is paradoxical that the Conseil supérieur de l'audiovisuel—whose charge it is to guarantee independent broadcasting—would have less authority over public broadcasting companies than over their private sector counterparts. More specifically, while the CSA enters into legal agreements (conventions) with private channels, it only plays a minor role in drafting, and monitoring, the public companies' contrats d'objectifs et de moyens (objectives and means legal agreements) (COMs), whereas these agreements constitute reference documentation as regards public broadcasting, from both a financial or an editorial perspective.
The Conseil submits that the provisions of article 53 of the law of 30 September 1986 relating to COMs should be reviewed, so that it may play a greater role in the future of public broadcasting.
Further Reform of the Radio Environment
The tone and pace of radio regulation were set, in 2012, by several important issues: continuation of the first invitations for applications for digital terrestrial radio in Band III, of on-going work on applying the merger control ceiling, and of the implementation of devolution of the CSA's services.
DIGITAL TERRESTRIAL RADIO:
PRELIMINARY INSIGHT FROM THE FIRST STEPS
On 12 April 2012, the Conseil reopened its invitation for applications for digital terrestrial radio services in Band III, in the areas of Marseilles, Paris, and Nice. On 15 January 2013, upon completion of the process, the Conseil granted licenses to 106 A, B, D and E category radio editors on 19 multiplexes. As of 15 March 2013, 14 multiplexes had been organised.
Territorial coverage, variety of services, and audio quality are real assets of digital terrestrial radio. It could also serve as a remedy to the FM band's progressive overload despite the CSA's constant and continued efforts to optimize the medium in the wake of the FM+ plan. However, a plurality of factors must be entered when analysing the future of digital terrestrial radio.
Digital terrestrial radio equipment cost for households, and the large private and public radio groups' cautious approach are some of them. The experiences of Marseilles, Nice, and Paris will provide preliminary insight as to a digital future for radio. This first phase will be the subject of a report to be forwarded to Parliament in 2013.
REVISING MERGER CONDITIONS IN THE RADIO INDUSTRY SEEMS NECESSARY
Technological change in radio is occurring at the same time as the economic environment itself is shifting. The scarcity of FM resources leads operators to favour external growth approaches and to purchase existing stations. Legally speaking, merger control provisions apply, in particular in terms of size of population covered which may not exceed a certain number.
On 18 December 2012, quantitative assessments of the main radio groups' coverage—obtained using several computation methods—were released; they highlighted a number of issues regarding the above-mentioned population coverage maximum number. First of all, it has not changed since 1994 when it was first set. One may obviously question whether it is still adequate given demographic development. One may also wonder whether such a cap is an adequate monitoring criterion. In fact, methods used to assess compliance by radio groups with it have to undergo periodic review, in light of progress made in population coverage calculation methods.
The Conseil has alerted Government and Parliament to these issues as they play a determining role in radio industry market positions. In consultation with representatives of all radio categories, the Conseil has undertaken a review of radio services' population coverage computation methods, and more broadly, of ways to measure concentration in the industry. A report including the Conseil's research and recommendations will be forwarded to Parliament in 2013.
FROM CTRs to CTAs:
A SUCCESSFUL REFORM; ENHANCED DIALOGUE
Pursuant to the décret of 24 June 2011, the CTRs (comités techniques radiophoniques) were replaced by the CTAs (comités territoriaux de l'audiovisuel). The CTAs first stock-taking exercise took place in 2012. In the past, the CTRs had initially been in charge of examining and following-up locally on radio frequency license requests; law-makers gradually extended their remit and authority to include license renewals, minor amendments to legal agreements (conventions), examination and follow-up of local television files, etc.
Eighteen months into their existence, the CTAs have been a success: their decision-making power is wielded with skill; the CSA has been able to rely on their expertise in the field on numerous occasions. To strengthen the links between the CTAs and the Paris headquarters, Patrice Gélinet visited each one of them in 2012. He emphasised improvements in the relationships between the CTAs and Radio France's local branches, and met with local radio stake-holders, against the backdrop of the signature on 15 June 2012 of a Charte de bonne entente (charter for good relations) between Radio France and community radio stations.
In 2013, with its new "Radio" working group—which deals with both analogue and digital issues—, the CSA intends to pursue a global radio strategy in favour of all 900 stations that contribute to our country's cultural diversity.
Contributing to the Sustainability and Vibrancy of Audiovisual Production
SUPPORTING CINEMA PRODUCTION
Television programme editors' contribution to audiovisual and cinema production is organised under French broadcasting law. As part of a wide-ranging analysis of cinema's position in the media, the "Cinema" task-force, with Francine Mariani-Ducray as Chair, conducted hearings on TV broadcasting of cinema. The outcome of the hearings informed the CSA's opinion to the Government in relation to the amendment of the décret of 17 January 1990relating to broadcasting by television service editors of cinema and audiovisual works.
The décret of 9 May 2012 introduced limited amendments to prohibited days and hours; however, the amendments were not sufficient to solve all of the issues raised by the current mandatory media release sequence. This will be a central focus of the CSA's "Cinema" taskforce in 2013.
Another major issue for the "Cinema" taskforce is legal provisions governing production contribution obligations. Francine Mariani-Ducray has asked cinema producers to no longer envisage television service editors' financial obligations solely at channel level, but rather at channels' group level. Following the example of audiovisual production, investment pooling could contribute to improve rights circulation. Amendments of the production provisions set forth in the décrets of 27 April and 2 July 2010, relating to editors' contribution to production development, would be necessary.
SUPPORTING AUDIOVISUAL PRODUCTION
The first stock-taking of implementation of the above-mentioned décrets of 27 April and 2 July 2010 formed part of a study, adopted at plenary meeting on 15 January 2013, entitled Deux années d’application de la réglementation de 2010 relative à la contribution des éditeurs de services de télévision au développement de la production audiovisuelle (two years into the implementation of the 2010 regulation relating to television service editors' contribution to audiovisual production development). Consultations will continue in 2013, to adapt these provisions to the current economic context, obviously not foreseen by the 2010 regulation.
A high level of financing by television groups of new original audiovisual production, and in particular, of so-called œuvres patrimoniales, must be guaranteed; yet, regulation ought to be simplified, and new ways to create rights ought to be sought. Inter-industry negotiation should be the preferred avenue in this endeavour.
MUSIC: A HIGH STAKE FOR RADIO AND TELEVISION
In France, support to the music industry results in large parts from broadcasting obligations incumbent upon television and radio editors, and from broadcasting undertakings given by them. In 2011, the "Music" taskforce, with Francine Mariani-Ducray as Chair, and the "Analogue Radio" working group, with Patrice Gélinet as Chair, conducted intense negotiations with editors and producers to improve implementation of radio stations' legal obligations to broadcast songs in French.
On 9 November 2011, the CSA issued a communiqué relating to quotas, and to criteria used to compute French-language songs on the radio. During the first half of 2012, a review of the 800 legal agreements (conventions) entered into by the CSA and radio broadcasting services was conducted with a view to inserting undertakings relating, inter alia, to significant listening hours and to the benefit of the "new production" characterisation. In 2013, in liaison with the French Ministry for culture and communication, intensive research will be done at the CSA regarding radio quotas and music on television.
II. Guaranteeing Pluralism during Election Periods: Hindsight from the 2012 Presidential Campaign
The Conseil is charged with ensuring compliance by the broadcasting media with the principle of pluralism in political opinions expressed. With two major elections—the presidential and the general elections—, 2012 was a year of intense work for the Conseil. Work started as early as 2011, with the adoption on 4 January of a deliberation relating to the principle of political pluralism in radio and television services during election periods, and with the issuance on 30 November of a recommendation relating to the presidential election. It continued with entry into force of the new provisions on 1 January 2012; preparation and adoption of the recommendation relating to the general election; and monitoring of compliance therewith throughout the campaigns.
In addition, as provided for in the law, the CSA set forth, for both elections, rules governing production, programming, and broadcasting on public channels of the official campaign broadcasts, and monitored equal access and use of public means, as provided for in the rules. Further work was done in this area with the drafting of two assessment reports: Rapport sur l’élection présidentielle de 2012 (report on the 2012 presidential election), published in November 2012, and Rapport sur les élections legislatives (report on the general election), adopted in February 2013.
Presidential candidates' speaking time during the so-called "interim period" was the subject of intense debate. Following a 2006 amendment to the law of 6 November 1962 relating to the election of the President of the Republic at universal suffrage, the CSA considers that period to start when the Conseil constitutionnel publishes the list of eligible candidates, and to end at the start of the official campaign. Following the reform, the Conseil constitutionnel now publishes candidates' names immediately upon closure of the deadline for registration of supporting signatures, thereby opening a period of 37 days, instead of 18, during which minimum requirements to provide fair media access during election periods were to apply. Over such an extended period, these requirements no longer seemed sufficient to guarantee pluralism.
In 2007 and 2012, the decision was, therefore, made to apply to the interim period a set of rules combining equal speaking time and fair airtime rules. However, editorial constraints associated with equal speaking time resulted in a reduction in the speaking time of all candidates. In its Rapport sur l'élection présidentielle (report on the presidential election) of November 2012, the Conseil suggested, as it had done in its 2007 report, to replace the interim period with a pre-campaign period, which would be governed by the broad principle of fair treatment.
The CSA's proposal is in line with those of the Conseil constitutionnel in its Observations sur l’élection du Président de la République (observations on the election of the President of the Republic), of the Commission nationale de contrôle de la campagne électorale de l’élection présidentielle (national Commission for the monitoring of the presidential election campaign), and of the Commission de rénovation et de déontologie de la vie publique (committee for the renewal and ethics of public life) in its report entitled Pour un renouveau démocratique (for a democratic renewal).
However, concerns over the interim period were assuaged by the broadcasting media's scrupulous application of the recommendation of 30 November 2011, and good understanding of the system on the part of candidates. The emphasis on transparency and education put by the "Pluralism and Electoral Campaigns" working group, chaired by Christine Kelly, in particular during the eight-month period preceding the election, largely contributed to this.
Visits were organised, during which the Conseil's services presented to candidates, heads of political parties, and journalists, equal speaking time rules and how they combine with air-time computation.
III. New Technologies, New Programmes,
New Uses: Centrepieces in the Future of Broadcasting Regulation
2012 was a year of intense analysis regarding the future of broadcasting regulation, given, especially, how tenuous the difference between broadcasting and other electronic communications to the public has become, with the convergence of telecommunication technologies. In turn, the ambits of regulations applicable to these communications have also become unclear. The new interactive and social forms of broadcasting further blur the lines.
Convergence of Broadcasting and Electronic Communications
Connected TVs illustrate the significant implications of convergence on broadcasting regulation. The many legal, economic, and societal issues raised justified the installation, on 16 February 2012, of a committee to monitor how connected TVs are used. It is chaired by Emmanuel Gabla. Continuing exchanges with all affected members of the industry, divided into topic-centred brain-storming groups, supported the committee's work. On 5 December 2012, the committee put forward fourteen proposals to foster orderly development of this innovative technology, for the benefit of connected TV users. The proposals will serve as input for the "Green Paper" currently being drafted by the European Commission, with which the Chairman and several Conseil Board Members met in March 2012.
Challenges associated with broadcasting media and Internet convergence were also the subject of a "document de réflexion sur la protection des mineurs" (issue paper on the protection of minors) requested by France's secrétaire d'Etat (junior minister) in charge of family affairs; it was forwarded to her on 21 March 2012.
"Social television" is another trend emerging from technology convergence: members of the audience can interact with the programmes they watch or listen to through social networks. At the initiative of the "Advertising and Consumer Protection" working group, chaired by Christine Kelly, the Conseil clarified in what circumstances the rules relating to commercial advertising apply to mentions of social networks. In 2013, the work of the programme development trends analysis committee, co-chaired by Francine Mariani-Ducray and Françoise Laborde, will focus on "Social TV".
In addition to work on the above-mentioned specific issues throughout the year, the CSA engaged in broad analysis of broadcasting regulation's adaptation to a digitally converged environment. In October 2012 and January 2013, at Government's request, the CSA published two contributions on this topic.
The salient concern in all analyses, reports, proposals, and contributions, is for regulation to apply to audiovisual content broadcast on the Internet, in a balanced and adapted fashion; one of the means to achieve this is co-regulation, allowing operators to participate in the definition and enforcement of standards based on their own practices, and to uphold fundamental legal principles.
Certain legislative amendments already seem possible, in particular as regards on-demand audiovisual media services. The CSA's jurisdiction under law of 30 September 1986 has been extended to include these services but enforcement is heavily dependant on the regulator's ability to identify the services. Under current applicable law, there is no obligation for on-demand audiovisual media services to register; listing them would probably prove complex and, more problematically, non exhaustive on the ever-growing Internet.
This is why the annual report suggests amending the law of 1986 to require pre-registration of on-demand audiovisual media services with the CSA.
New Trends in Programmes; Assessing Quality
NEW PROGRAMMES, NEW CHALLENGES
In 2012, the committee monitoring new trends in programmes, chaired by Françoise Laborde and Francine Mariani-Ducray, conducted a large investigative survey of reality shows, interactive radio shows, and news development on free-to-air channels. During the last quarter, the "Audiovisual Production" working group held a series of hearings on scripted reality shows, which show stories presented as being real. One important issue is the category in which these shows should be classified for purposes of computing editors' obligations to contribute to the production of so-called "patrimoniales" audiovisual work.
The hearings confirmed that categorisation by the Conseil should be on a case by case basis, by means of a set of identifying features. The Conseil's decision was announced after plenary meeting of 9 January 2013.
IMPROVED PERCEPTION OF PROGRAMME QUALITY BY THE PUBLIC
On 10 January 2013, the CSA published its first baromètre de la perception de la qualité des programmes (survey on the perception of programme quality) collecting the public's opinion of all television channels' and radio stations' programming, following in this the experience of Great Britain's Office for Communications (OFCOM) with which the CSA has close cooperation ties, in particular in the context of tripartite meetings of the French, German, and British regulators. This first wave of the survey—conducted by Institut BVA on behalf of the CSA—provided insight into viewers' and listeners' expectations: with 7/10, radio was judged satisfactory; television's grade, however, was markedly lower at 5.5/10. The survey showed, amongst other things, that viewers are aware of the quality of what they watch or listen to. Even though certain shows have good audience ratings in terms of numbers, the audience may still be very, or even extremely, critical of them. A second wave of the survey will be conducted in the second half of 2013 for updating purposes.
European and International Cooperation
In 2012, under the leadership of Rachid Arhab, Chair of the "External Broadcasting and International Cooperation" working group, the Conseil maintained numerous exchanges with regulators from other countries. In particular, relationships with our North American counterparts were enhanced through visits at the Federal Communications Commission (FCC) in the USA, and the Canadian Radio-television and Telecommunications Commission (CRTC), the Canadian regulator.
Exchanges continued with the European (EPRA), Mediterranean (RIRM), and French-speaking (REFRAM) networks of regulators. As regards the latter, an important issue was Africa's digital switch-over by 2015. In December 2012, on the occasion of a study visit to Japan, the Japanese Ministry for Internal Affairs and Communication emphasised the ground-breaking role, from an international perspective, of the CSA's research and analysis on connected TVs.
IV. CSA's Societal Charges: A Year of Significant Achievements
Over the last ten years, law-makers have significantly extended the Conseil's charges to promote public policies in favour of, diversity, youths, sports, health, and persons with disability.
Young Audiences' Personal Development: Progress Born Out of Dialogue
In 2012, significant progress was made in favour of youths in two areas.
First of all, following extensive negotiations with the channels, under the leadership of Françoise Laborde, and at the behest of family organisations, changes were made to the recommendation of 7 June 2005 relating to the youth rating scheme, and to programme classification. Since 12 December 2012, pursuant to the deliberation of 23 October 2012, the "-10" sign is continuously displayed on screen. Up until then, display only lasted a few minutes, at programme start, or after advertising breaks. With the extension of the CSA's jurisdiction to on-demand audiovisual media services, the youth rating scheme now also applies to certain programmes available on the Internet, thereby creating a trustworthy on-line environment for children and parents.
The Internet was the second area in which progress was made. An information and participation page (www.csa.fr/csajeunesse) was created to provide parents with simple practical advice. Parents, and children, can ask questions directly to the CSA. During the yearly youth rating scheme awareness campaign, a dedicated conversation page was opened; it collected many opinions and experiences informing the CSA's analysis of what can be done in favour of young audiences.
These endeavours on the Internet echo the study on the protection of minors in the age of broadcasting and Internet convergence, forwarded to the secrétaire d'État (junior minister) in charge of family affairs on 21 March 2012. The study recommended establishment of a national focal institution in charge of minor protection and media literacy, in order to address the current scattering of young audiences' protection under French law, and take technology and usage convergence into account. Such a focal institution would permit cross-cutting analysis of the issues, irrespective of the broadcasting medium.
Success of the Food Charter
The CSA continued monitoring implementation of the Charter of 18 February 2009 to promote health-conducive diet and exercise in television programmes and advertising. The five-year Charter is unprecedented in the world: advertisers, broadcasters, and producers undertook to support public health policies, and in particular the national health/nutrition programme (Programme national nutrition santé) (PNNS). Annual monitoring reports—including the 2011 one adopted in June 2012—drafted by the CSA, have shown continued growth in the number of hours of programmes raising public awareness to the benefits of regular exercise and of a healthy diet. They totalled over 1,000 hours in 2011, and thanks to the insertion into the legal agreements (conventions) of the six new DTT channels of provisions in-line with the charter's objectives, their numbers should continue to grow. In view of the public's positive perception of its usefulness, and of the importance of combating child obesity, the Conseil intends to support renewal of the Charter as from 1 January 2014, through the "Health and Sustainable Development" and "Advertising and Consumer Protection" working groups, both chaired by Christine Kelly.
Sports Ethics: New Charges for the CSA
Under the law of 1 February 2012, aiming to enhance sports ethics, new charges have been given to the Conseil supérieur de l'audiovisuel in the areas of anti-doping and regulation of sporting events broadcasting rights market. The "Sports" taskforce has investigated this important issue, with Rachid Arhab as Chair.
Obligations to broadcast programmes to raise public awareness on the issue of doping were specified in a deliberation dated 26 June 2012. Under the law, the CSA is also charged with setting forth the broadcasting conditions of short clips of sports contests. Following prior consultation, the rules governing editors' right to access such clips were set forth under a deliberation, dated 15 January 2013, which strives to reach a preliminary balance between holders' right to freely transfer their broadcasting rights, and third parties' right to inform and be informed.
Persons with Disabilities: Accessibility and Visibility
The Conseil supérieur de l’audiovisuel's action in favour of persons with disabilities is two-pronged.
Its first area of action is accessibility of audiovisual media. In 2012, thanks to the work of the "Accessibility for Persons with Disabilities" working group, chaired by Nicolas About, progress was made in terms of obligations to make audiovisual programmes accessible for hearing or visually impaired persons. As regards the latter, the CSA has set out to foster development and sale of DTT set-top-boxes adapted for the blind and the visually impaired. On 22 June 2012, the CSA published a study on the issue recommending the adoption of binding legislative provisions in this regard.
Monitoring channels' compliance with their legal obligations went hand in hand with promoting quality-oriented policies and actions. Follow-up of the Charter of 12 December 2011 on subtitling quality showed progress. Stringent requirements regarding accessibility have been introduced in the six new DTT channels' legal agreements (conventions). The working group also focused on reviewing the audio-description Charter of 2008, and on support to sign language programmes.
As underlined by Nicolas About, subtitling requires great care, and sometimes, even, art. This is also the case of sign language and audio-description, which, additionally, require skills to interpret what is seen, and to take into account the viewer's subjective perception. As regards sign language, the CSA is in close relation with organisations, laboratories, and channels, to develop technical standards such as lighting and framing of the interpreter on screen, or linguistic ones, such as common practices to express certain terms.
Building on these achievements, and on the hindsight provided—detailed in particular, in the CSA's annual report to the Conseil national consultatif des personnes handicapées (national consultative disabled persons' council)—, the CSA is intent on becoming a reference authority as regards media accessibility for disabled persons, basing its action on quality criteria and on evaluation methods accepted by all.
In addition to broadcasting media accessibility, the second facet of the CSA's action in favour of disabled persons is their visibility in the very same media. Being an Olympic year, 2012, provided fertile ground. To ensure adequate coverage of the Paralympic games, the CSA installed a monitoring committee, chaired by Rachid Arhab, thanks to which clear improvements were obtained compared with previous editions, and which formulated possible policies for the next Games. On 14 November 2012, Michel Boyon and Dominique Baudis, Défenseur des droits, jointly presented a report detailing both successes and possible avenues.
Community Organisations
The issue of access by community organisations to broadcasting media is a cross-cutting one; yet, it speaks directly to the above-mentioned issues of, youths, health, sports, and disability. When community organisations request access from the media, it is usually to advocate one of these issues.
On 25 January 2012, the CSA installed the "Community Organisations-Broadcasting Media" committee, with Nicolas About and Emmanuel Gabla as Chairs, as a follow-up to the report on community organisations' access to broadcasting media forwarded to the Prime Minister in January 2011. Over the course of the year, the committee brought together approximately thirty participants representing the main broadcasting media and community organisations. A summary report of the work of the committee was published in January 2013; it highlighted the need for greater transparency regarding editors' criteria to select organisations, while ensuring their editorial freedom is not infringed. Based on France Télévisions' significant efforts in this area, the "Community Organisations-Broadcasting Media" committee stressed for the attention of the heads of television channels and radio stations the need to appoint a "community organisations focal person", and to take stock of their initiatives on a yearly basis.
A report based on the on-going review of this stock-taking will be drawn up in 2013. It will inform the work of the newly appointed "Community Organisations" taskforce chaired by Sylvie Pierre-Brossolette.
The CSA and diversity: both an "internal" and an "external" issue
The CSA strives to be exemplary as regards diversity; both as a regulator, and as an employer. On 30 November 2012, its human resources policy was granted Label Diversité by AFNOR (France's standards agency) for a period of four years. To echo this "internal" achievement, renewed "external" action will be undertaken by the "Diversity" working group, with Mémona Hintermann-Afféjee as Chair. One of the working group's first actions has been to enlarge and renew the Observatoire de la diversité. This organisation—set up at the initiative of Rachid Arhab and Alain Méar—works under the aegis of the CSA, with a membership made up of qualified personalities.
A new "Women's Rights" working group has been installed so that equality of rights between men and women may be broached as an independent area of action. It is a translation of the CSA's intention to be active in all areas of broadcasting, irrespective of their economic, social, or legal nature.
Preliminary work done by the group has already shown the relevance of considering gender equality in the media as an issue to be regulated in its own right. Under current applicable law, the CSA's authority to defend women's rights is restricted to cases of violation of human dignity. Its point, rather, is to approach channels with constructive input.
In this perspective, the CSA is of the opinion that it should be expressly charged, under the law of 30 September 1986, with acting in favour of gender equality, and submits draft new provisions to this effect. In addition, the CSA believes it would be useful to introduce the need to combat gender-based prejudice to the décret of 27 March 1992, relating to broadcasting editors' obligations in connection with advertising, sponsoring, and teleshopping.
V. 2012-2013: Continuity and Renewal
In 2012, the CSA's work helped bring along progress in key areas such as: economic balance in the broadcasting industry; factoring in of new uses born out of technology convergence; and the paramount need to protect youths, health, and diversity.
2013 started with the renewal of the Board's membership. Olivier Schrameck succeeded Michel Boyon as new Chairman. Mémona Hintermann-Afféjee and Sylvie Pierre-Brossolette were appointed as new Board Members, replacing respectively, Alain Méar and Rachid Arhab.
Drawing on prior achievements by the CSA, structural change has been introduced to support the new priorities identified by Chairman Olivier Schrameck.
The former "Management and Usage of Digital Television Broadcasting Medium" and "New Services and the Internet" working groups were merged into a single one, with Emmanuel Gabla as Chair. It only seemed logical as analysis of broadcasting regulation in the digital age must encompass all three of, foundation, scope and approach. In the same spirit, analogue and digital radio were merged into a single umbrella working group, with Patrice Gélinet as Chair.
The CSA is also keen to intensify its action in relation to far-reaching societal issues. Mémona Hintermann-Afféjee has been appointed as the new Chair of the "Diversity" working group, and as Chair of the newly installed « Broadcasting and Education » working group. The purpose of the latter is twofold: highlighting the media's essential duty to the audience in this respect, and especially to the youths; and conversely, increasing media literacy.
The "Women's Rights" working group was installed, with Sylvie Pierre-Brossolette as Chair, as a translation of the Conseil's priority to achieve equal rights and dignity for women in broadcasting, and more broadly in society.
The "Community Organisations" taskforce was installed to respond to the need for community organisations to be granted wider and fairer access to broadcasting media. In 2013, in this renewed configuration, the Conseil supérieur de l'audiovisuel will continue working to perform its charges under the law. Programme diversity and quality will be the main objectives pursued, with listeners', viewers', and Internet users' freedom in mind.
1. The report covers 2012 and January 2013, up until the 24th, when membership of the Conseil was renewed.
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