Translation with SYSTRAN Links

Legal space

Legal space

The legal framing of the audio-visual communication is of a determining importance. Are gathered here the principal texts of reference to the European plan as national, organized as well according to the hierarchy of the standards.

European texts

The European right frames the audio-visual activity for various reasons and in particular since the editors of television services or radio are regarded as service providers by the right of the Union. [...]

Laws

The law is the base even of the existence of the CSA and the majority of his competences. That of September 30th, 1986 (n°86-1067), whose article 1st proclaims the freedom of the communication to the public by electronic way, is thus the keystone of the French system of regulation of the activities of audio-visual communication. [...]

Decrees and stopped

The decrees and the decrees are acts adopted by the executive power within the framework of reserved regulatory competence, pursuant to article 21 of the Constitution of October 4th, 1958 and, subject to the provisions of its article 13, the Prime Minister. [...]

Opinion of the CSA to the Government

On the whole of the activities concerned with its competence, the CSA can be seized of requests for opinion or studies by the Government, the presidents of the French National Assembly or the Senate and the responsible committees of these two assemblies (Article 18 of the law of September 30th, 1986). [...]

Deliberations and recommendations of the CSA

The Superior council of audio-visual has a general power of recommendation allowing him to clarify the obligations resulting from the provisions of the law of September 30th, 1986 relating to freedom of communication (article 3-1 of the law of September 30th, 1986). [...]

Conventions of the editors

Conventions are connected with contracts binding the Superior council of audio-visual, acting in the name of the State, and the editors of services. They fix the general and particular obligations weighing on the television services and of radio. [...]
 

Decisions of the CSA

The CSA can, within the framework of the powers which are assigned to him by the law, to adopt individual decisions aiming at an editor or distributor in particular. [...]

Charters

Instrument and symbol of the dialogue and the development of the Co-regulation in the audio-visual sector, the charters of good behavior decline, in the fields which they aim, of the commitments voluntarily subscribed by the editors of services of radio or television. [...]

Codes of conduct and texts of precautions relating to the audio-visual cover

The Court of justice of the European Communities validated in July 2004 the “code of conduct” fixing the principles relating to the retransmission on the French TV channels of sports events comprising of the advertising panels in favour of alcoholic beverages.

In addition, the CSA adopted, on October 20th, 2016, a text entitled “Precautions relating to the audio-visual cover of terrorist acts”.

Opinion of the CSA to the Authority of competition

The Council is asked for an opinion of the business concerned with the audio-visual sector carried in front of the Authority of competition (Article 41-4 of the law of September 30th, 1986). [...]

Opinion of the CSA to the Authority of regulation of the electronic communications and stations (ARCEP)

Because of the proximity existing between the sectors of the electronic communications and audio-visual, the Code of the stations and the electronic communications envisages several time the sasine of the CSA for opinion by the ARCEP since its decisions are likely to have a notable effect on the diffusion of services of radio and television. [...]

Settlements of disputes

The CSA has a competence of settlement of the disputes, which applies to the litigations relating to the distribution of services of radio or television. [...]

Decisions of the Constitutional council

The Constitutional council, whose existence is devoted by articles 56 and following of the Constitution of October 4th, 1958, has the role of taking care of the conformity of the legal texts adopted by the Parliament with the constitutional provisions. [...]

Decisions and opinion of the Council of State

The decisions of the CSA are likely of recourse in front of the Council of State. [...]