Deliberation of November 10th, 2009 tending to support the representation of the diversity of the French company in the programs of the free hertzian national chains and Channel +
Article 3-1 of the law of September 30th, 1986 relating to the freedom of communication, resulting from the law of March 31st, 2006 for the equal opportunity, allots to the Superior council of has udiovisuel the mission, on the one hand, of contributing to the actions in favour of social cohesion and the fight against discriminations in the field of the audio-visual communication and, on the other hand, of taking care, in particular near the editors of audio-visual communication, taking into account the nature of their programs, so that the programming reflects the diversity of the French company.
The law of March 5th, 2009 relating to the audio-visual communication and the new public service of television reinforces the role of the Council as for the representation of the diversity of the French company and underlines waitings of the legislator with regard to the editors, in particular of France Televisions. The Council must from now on give an account each year to the Parliament of the actions of the editors in favour of programming reflecting the diversity of the French company and put forward the measures adapted to improve the representation of this diversity in all the kinds of programs.
Before even the publication of this law, the Council intervened actively in this field essential with social cohesion. By 2000, after having made on television carry out a quantitative study on the perception of the diversity of the French company, it introduced into conventions of private televisions a commitment to take into account with the antenna the diversity of the origins and cultures of the French population. In January 2007, in order to exert its new competences fully, it created a working group relating to diversity. On March 11th, 2008, it instituted the Observatory of diversity in the audio-visual mediums in order to follow the actions put in work by televisions as regards the diversity taken in all its components (origin, age, sex, handicap…) and to guide work of the Council and the researchers who are associated for him.
The Council made carry out in 2008 a study on the perception of the diversity of the French company to the antenna of the free national chains of digital terrestrial television, as well as Channel +, according to the socioprofessional categories, the sex and the origin supposed by distinguishing the people seen like white or nonwhite, among whom people seen like black, Arabic, Asian or different.
After the publication of the results of this study on November 12th, 2008, the Council invited each editor to take part, in December 2008, with a work meeting in order to examine the results of the investigation relating to it and to evoke, within the framework of a constructive collaboration, concrete and precise objectives of improvement of the representation of diversity on its antenna. It then decided to publish, during at least three years, a semi-annual barometer intended to on television evaluate the perception of the diversity of the French company.
The results of the study were confirmed by the first barometer established in 2009: the women, just as certain socioprofessional categories, in particular the blue-collar workers and the employees, under-are represented taking into consideration their place in the French company; the diversity of the origins, topic of company largely treated by the media, progressed very little; the more the programs are implied to approach the reality of the French company, the less diversity is perceptible, in particular in the French fictions, the subjects of the tv news treating of the French news and the Entertainment. The barometer also showed the virtual non-existence of the people handicapped with the antenna.
This alarming report calls a quick change and massive practices of the editors whose programming must offer to the televiewers a faithful face of the French company, in conformity with the wealth of its many and various components. The Council thus intends to register the representation of diversity in the middle of the priorities of televisions in incentive each editor, while taking account of its situation, to support the expression of this diversity.
From this point of view, it is necessary, on the one hand, to establish, in the respect of the leading line and the freedom of audio-visual creation, the framework of the commitments which each editor must make to the Council and, on the other hand, to lay down the methods of the follow-up exerted by the Council.
Such is the object of this deliberation taken on the base of article 3-1 of the law of September 30th, 1986 which is had pplic with the commitments made under the years 2010 and following by free national hertzian televisions and Channel +, since these services, which use a rare hertzian resource, collect the highest audience and federate the largest audience.
I. COMMITMENTS OF THE EDITOR
A. Contents of the commitments
The editor engages, taking into consideration characteristic of his programming, significantly to improve the representation of diversity of the French company on his antenna.
The diversity of the French company gets along in its broadest meaning. It relates to in particular the socioprofessional categories, the sex, the origin and the handicap.
The editor proposes with the Council, each year, according to specificities of his programming and of the insufficiencies raised by the barometers of diversity on television, of the commitments, which can be concerted with other editors, on the following points.
1. During the ordering and setting in production of the programs
The editor makes his best efforts to make appear in his contracts of order of programs and, if necessary, in the general terms of the contracts which are annexed there, a clause providing that the parts make sure of the representation of diversity of the French company in the programs which are O bjet of these contracts.
To this end, the editor makes so that, for the ordered fictions, a significant proportion of the roles is interpreted by actors perceived like contributing to the representation of the diversity of the French company, in the respect of the historical and literary contexts.
2. With the antenna
Taking into account the nature of his programming, the editor engages so that the diversity of the French company is represented in all the kinds of programs put at the antenna. It gives a special attention to three types of programs: French ctuality in the tv news, the Entertainment and the French new fictions has. It is committed making progress the representation of diversity on these three types of programs.
Its commitments aim at improving the results on one or more of these kinds compared to the results got at the time as of previous barometers.
3. Near the persons in charge of information and programs
In order to better contribute to the actions in favour of social cohesion and the fight against discriminations, the editor E ngage to sensitize in a regular way its drafting and its persons in charge of the programming on the need for improving the representation of diversity of the French company in the programs put at the antenna.
Each year, he informs the Council of the concrete methods of implementation of these actions.
B. Methods of subscription of the commitments
1. Conclusion of an endorsement fixing the principle of the annual commitments
An endorsement with the convention of each private editor provides that this one takes by mail of the annual commitments pursuant to the A of I for the year to come.
2. Annual letter of commitment
The editor proposes with the Council by mail, at the latest on November 30th of each year, the commitments which he makes for was born following pursuant to the A from I.
These provisions apply to the company France Televisions, which, in accordance with article 37 of its specifications fixed by the decree of June 23rd, 2009, implements, in the framework of the recommendations, the actions allowing to improve the representation of diversity of the French company. For this reason, she proposes to the Council commitments pursuant to the A of I.
The commitments with the title of year 2010 must be transmitted to the Council at the latest on December 15th, 2009.
3. Acceptance of the commitments by the Council
The Council can ask the editor to modify his proposals when it considers them insufficient or inappropriate. The editor has a one month deadline to forward proposals modified in accordance with the request of the Council.
As of their acceptance by the Council, the proposals of the é ditor are worth commitments within the meaning of the present deliberation.
II. THE FOLLOW-UP BY THE COUNCIL
The Council takes care of the respect of the commitments made by the editor pursuant to the I of this deliberation, while being melted in particular on the results of the barometers.
A. The barometer of diversity on television established by the Council
Each six-month period, the Council publishes the results of the barometer of the perception of the diversity of the French company in the programs of the free national hertzian chains and Channel +. This barometer is established according to a methodology defined by the Council.
The barometer indicates, for each editor concerned, the state of the perception of the diversity of the French company on its antenna.
The methodological tools used to establish the barometer are transmitted by the Council to the editor.
The Council communicates to the editor the results of the barometer relating to it and collects its observations.
B. the report with the Council of the implementation of the commitments by the editor
The editor communicates to the Council each year, before March 31st, the elements allowing to appreciate the respect of the commitments made with the title of the previous year pursuant to the A of I.
C. additional information communicated by the é ditor
The editor can provide to the Council each year before March 31st any element complementary to evaluation of the respect of the commitments made pursuant to the present deliberation.
It can inform the Council of other initiatives which it took in favour of the representation of diversity in his programs or its company.
If it wishes to extend the period or the time slot to which the barometer established by the Council relates, it uses the methodology defined by this last.
D. The communication of the commitments and the results
The commitments made by the editors pursuant to the present deliberation as well as the appreciation of their realization are made public by the Council in the report which he draws up each year pursuant to article 3-1 of the law of September 30th, 1986.
The present deliberation will be published in the Journal officiel de la République française.
Fact in Paris, on November 10th, 2009
For the Superior council of the audio-visual one