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Speech of Olivier Schrameck to the wishes of the CSA - Tuesday, January 23, 2018

Publication date: Tuesday, January 23, 2018


Speech of Olivier Schrameck, president of the Council higher of audio-visual than the wishes of the CSA

Only the delivery is taken.

 

Madam the Minister,

Mesdames and members of Parliament,

Mesdames and Presidents and Presidents,

Mesdames and Directors and Directors,

Dear friends, partners and observers of our activity,

Be initially thanked for being come with our invitation to mark with us the entry in this New Year's Day, that with all my colleagues, I wish you rich achievements and achievements.

All and all, in the diversity of our functions and our responsibilities, we are with the service of the same fundamental freedom, registered with the pediment of our Constitution, the freedom of communication.

A freedom unceasingly diversified in its forms and expressions, worthy of quick changes and of ceaseless progress of our technological and economic environment.

A freedom which must find in the space and the exercise of the regulation wanted by the law, of the warranties worthy of its requirements.

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The year which has been just completed will have led the Superior council of audio-visual to mark new assets, to open new prospects.

They related to with the first chief the implementation of its essential mission of warranty of pluralism whereas political changes of a width and a range without precedent have appeared for several decades.

As regards the presidential election which was the release, it is fallen to us to very largely apply the principle of equity, whose generalization had been for a long time called of our wishes.

Expression of a beam of indices which constitutional and administrative jurisprudence contributed to clarify and specify, the principle of equity showed the merits of a flexible and adaptable approach.

Admittedly the legislator had understood by precaution to frame it with more close and the rules thus posed could be felt like doors and constraining by the draftings, because of abundance of the data required and to check.

But the radios and televisions had been the first to highly criticize a strict equality which attached and rarefied information by complicating their task artificially.

However, two noted appear clearly today.

The democratic debate was enriched so much so that the volume of the audiovisual programmes devoted to the presidential election, factor of fundamental civic training, believed of 60% compared to the previous election of 2012, whereas an increased competition of the digital media was exerted.

Moreover, at the time of the assessment to come from the presidential election, various reductions could be suggested with our initiative.

Beyond, essence for us is that the impartiality of our institution, and its independence, which should not suffer any attack, will have been very largely recognized and appreciated, so much so that not a formation or political personality was not tempted to blame them.

And this is worth as well for the application of the legislative rules which were binding on us as for the exercise of the traditional role of third of confidence and facilitator in the organization of the debates, in particular that determining of between two turns.

The resonance of the electoral debate moreover was supplied with a transparency strongly reinforced thanks to the publication in opened format, within increasingly short times as unfolding of the countryside, of the speaking times collected and checked by our institution.

 

It is in the same spirit, making prevail a concrete appreciation in equity which we deeply modified the rules and the practices except elections, pursuant to a deliberation of November 22nd, 2017, coming into effect on January 1st. Worked out during the last months of the last year in close collaboration with the political editors and forces, this one was the object of a general consensus.

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This preoccupation of participation and a transparency also appeared, well beyond the field of the policy, by the considerably increased recourse of the public to our regulating authority. He thus intended to seize us of the whole of the dissatisfactions which he could feel, so much with regard to certain sequences than about problems of reception and diffusion.

Grace in particular to the reducing effects of the social networks and the provision of easily accessible forms, the number of the descriptions which were addressed to us increased in impressive proportions, multiplied by ten in two years from approximately 9000 in 2015 at nearly 90,000 in 2017.

If we are pleased some, it is undoubtedly not that we claim to encroach on the invaluable leading responsibility for the audio-visual operators. The CSA always kept himself of any inquisitorial temptation with regard to the programs.

Moreover, in 2017 like the previous years, the decisions relating to the programs accounted for only 10% of those which are taken each year. Among these 10%, only one third caused an intervention of the Council.

Without being constraining for the CSA, which preserve its power of initiative naturally, these sasines constitute for as much, a very useful indicator of the regulation.

Indeed, the CSA, to measure itself with the width of his tasks in comparison with the multiplication of his missions, needs dialogue and exchange with the televiewers and listeners. It is the same approach besides that has just borrowed the ARCEP to make sure of the conditions of use of the telecommunication networks.

These sasines are not less important for the editors themselves, highly attached, as their internal procedures of mediation and their preoccupation with a conformity show it, with constant and frank relationships with the public ones which mark their fidelity to them.

If the CSA has naturally authority to be the house of the media, this one must be fully and directly accessible to the listeners and to televiewers themselves. Its website is besides in full recasting to translate this direct relationship and interactive.

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Exchange and participation in the transparency, such must be as the spirit of the overall policy of the audio-visual one as our institution has as a function, in practice, to develop by improving it.

Thus the Council carried out during the last year of many public consultations associating all the recipients.

These consultations related to in particular the creation and the declaration of ethics committees and the methods of safeguarding of leading independence, the prospects for reform of the promotion crossed within the groups plurimédias, the future of the hertzian platform of the DVB, the development of the terrestrial digital radio which we Usually call from now on +, precisely for best distinguishing from the hertzian diffusion of the television services.

The Council right now largely and thoroughly analyzed the conclusions which come out from these two last consultations in particular.

That relating to the DVB confirmed an attachment so that this platform is saved, i.e. modernized as well from the point of view of the quality of the image as of the development of associated services. The CSA which always underlined its specific qualities has the constant concern to prevent that a digital fracture grows hollow because of an unjustified weakening of modes of diffusion which recommend anonymity, exemption from payment and simplicity of use.

As for the development of Usually +, the new developed device privileges, for the comfort of the users, the major roads of communication and, for the durable economic equilibrium of the exploitations, the dense allotments. Consequently, could be reinforced a mode complementary to diffusion wanted by the legislator and desired per many potential transmitters, whereas its credibility had been strongly started per so many severe analyses, delays and excuses and by experiments up to that point unequally satisfactory. Thus, on December 20th, the Council decided launching of multirégionaux calls in 2018 and 2019, which will make it possible more quickly to reach the threshold of 20% of cover of the metropolis starting the obligation of equipment of all the receivers.

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Lastly, beyond the decisions made within a national framework, from which the development of the services overseas could not be excluded, the CSA endeavoured to develop an essential role of impulse and reference at the European and international level, based on the recognition of his competence and his expertise.

The month of last November will have from this point of view marked two crucial steps.

 

On the one hand, within the ERGA, association of the regulators of the European Union which comes to reinforce the European space of creation and diffusion.

After having ensured two years of presidency founder then one year of vice-presidency, we made return within the directing office of the organization by chairing the paramount working group dedicated the preparation and the implementation of the new directive on the services of audio-visual mediums. This one, owing to its adoption in the next months, should include from now on the platforms of division of videos and the social networks. Thus, national public authorities and institutions of regulation will be able to combine their efforts to make European Union a new border of the audio-visual communication in international competition.

In addition, CSA has taken same month presidency of network Mediterranean of regulators, RIRM, which represents 26 countries of two banks of the Mediterranean, of Israel, which made there this year its return, in Lebanon, of Greece in Portugal. A declaration was adopted in Marseilles, seat of the plenary annual meeting, which in particular leads, under our impulse, to promote the importance of a regulation adapted to the digital one.

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A regulation extended to the digital audio-visual services as well by its perimeter as by its methods, such is precisely the prospect for the year which opens, which could constitute a decisive turn.

Although she caused the vote of 17 laws concerning the CSA, the legislature which was completed, if she strongly testified to the presence of our almost thirty year institution in the public discussion, could engage only with the margin the essential readjustment of the whole of balances of the regulation. However, this one is necessary to ensure the major novation of the features and the regulating methods the digital age: relations between traditional audio-visual mediums and platforms of services, articulation between public service and balance, market offers between hertzian and nonhertzian audio-visual mediums, linear offers and multiplication of the access and the requests delinearized.

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The committed reform of the audio-visual public will necessarily result in wondering about a demanding design of the public service in a deeply transformed context, which emphasizes still better its singularity and its need. To centre the public service on information, education, creation, national cohesion and territorial, cannot be without consequence on the conditions of its governance, its structuring and its financing. The decisions fall naturally on the public authorities.

The CSA for as much is ready to take all his part in their development process without a priori and in accordance with his vocation of fascinating regulator support on his experiment. It will aim naturally to be assured the means of an evaluation as complete as possible in order to contribute to the conditions of an optimal management.

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Beyond, the public statements of the President of the Republic opened up the way for a widening of the sphere of regulation which will make it possible to apprehend the novel methods and the new digital actors.

In this respect also, the experiment of the CSA will be invaluable, him who right now tried out with the passing of years new forms of regulation, renewing the traditional methods for better ensuring, whatever the mode of diffusion, the finalities of common interest which fall on to him.

A self-regulation accompanied, concerted and supervised on the basis of principles and coordinated and harmonized commitments, according to the example of the classifications defined by the sector of the video game for the protection of the minors.

A coregulation expressing a voluntary adhesion recognized and endorsed by the public authorities for the promotion of objectives of general interest such as the public health or the respect of diversities.

A participative regulation associating the most largely possible public by the formulation and the discussion of various appreciations according to processes inspired of the recommendation or certification.

And in a general way, practice of various methods of flexible right, regulations of disagreements, mediation, conciliation, taken into account of interprofessional agreements, which make it possible to privilege the exchange compared to confrontation, the agreement in preference to the constraint.

Unlike the general rules and impersonal unilaterally imposed, are thus developed reactive, interactive approaches, adapted to the specificity and the mutability of problems and partners increasingly more.

Still it is necessary that those are eager to engage in these renewed ways and these approaches; that they can search and there find compensations there in particular related to the efforts made in favour of the promotion of French and European creation.

There still, if the choice and the framing of these approachs concern the only authorities naturally, those can undoubtedly count on the expertise on the CSA, which right now carried out these last months of in-depth studies, on the professionalism of its teams, the collegial structure from its points of view.

The more so as the CSA surrounded himself by various associated and specialized trainings: the CSA Lab centered on the digital one but also various committees of experts who stick to the protection of youth, diversity, education with the media as with the protection and the promotion of the women in our company.

Just as the CSA can be based on the experiment of its local antennas, the territorial committees of the audio-visual one, whose scope increasing, were extended from the radios to local televisions, and who can constitute the natural support of an animation and a coordination of the debates on a territorial and local scale.

As of now, at the national level, the CSA decided to devote his next conference to this essential set of themes that is the restoration of the regulation at the digital era.

For as much our institution conscience has fully that it could not assert with it only the monopoly of a renovated and widened audio-visual regulation; that it matters that join in a form to determine, various specifically proper independent authorities as for the respect of a right competition, the effective and open operation of the electronic communications, with the regulation of the data and algorithms, with the fight against audio-visual piracy.

In this spirit, the CSA took the initiative the autumn last to call a first meeting of regulators of which each one will take responsibility in turn, sticking to a federative and coordinated approach of a diversified and reinforced regulation.

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At the time to conclude from the remarks who, in this turning of year, are by nature summaries and prospective, it is important to underline two orientations whose nature is, it, general and constant.

An independent authority and impartial could not be for as much, more still in period of change, a some restive way to a dense and trustful exchange with the public authorities, not more than it could not be retracted on a status quo as for its organization and its operation. In particular, we constantly indicated the importance of our relations based on the report of our activities to the Parliament and its charged commissions of the cultural affairs, on which it ultimately falls to fix the framework and the finality of our missions.

An independent authority and impartial has also authority to continue like a watchtower with the service of the rights and freedoms whose implementation is entrusted to him.

We must be aware fully that the freedom of communication, far from being an intangible postulate is always likely to be threatened throughout the world and sometimes even inside the European Union.

It is there another reason to develop our international action which should result in developing the relations between the networks of regulators. Those indeed maintain an experience sharing and good practices with the service values and principles which constitute the base of this freedom.

We count on you to accompany us in this approach by an active presence and an increased support, with the service of the dynamism of the information and creation which incarnate, beyond our interests understood well, our values founders. Never let us forget that to control does not restrict itself to direct, even less to sanction but promote and federate while taking into account diversities and complementarities within a naturally interdependent chain of values.

All and with all, we cordially reiterate our wishes of an excellent year, decisive for our common future, fertile for your occupations, happy for your personal lives.
 

To listen to the speech of Olivier Schrameck