Translation with SYSTRAN Links

Programs

Which are the rules imposed on the radios as regards protection of the minors?

The radio is very appreciated media of the teenagers. They listen to mainly stations proposing music, games, hoaxes telephone, information and animation. These emissions are programmed in the slices of strong audience, the morning between 6 a.m. and 9 hours and the 9 p.m. evening at midnight.

The programs of free antenna diffused in evening also meet a sharp success near these listeners because they enable them to be expressed freely on the topics of their choice. The subjects relating to the love affairs and sexuality constitute a significant proportion of the discussions which take place during these emissions. But the informative and teaching character is not always the element dominating in the answers given to the interrogations of the listeners: it is often occulted with the profit of a sometimes doubtful humour, which is not inevitably in adequacy with the interrogation expressed by the listener or the listener.

With the listening of these programs, the Council noted that certain remarks were in contradiction with the concept of human dignity, and that others were likely to run up against the sensitivity of the 16 year old minors because of their crudeness, even of their obscenity, and degrading representation of sexuality. If the adults can easily take distance with respect to this kind of matter, the teenagers and the preadolescents, by nature more vulnerable, are likely to be disturbed about it.

In accordance with article 15 of the law of September 30th, 1986, the Council is guaranteeing child protection and adolescence in the programs put at the disposal of public by a department of communication audio-visual. It must in particular take care that no program likely to harm blooming physical, mental or moral of the minors is not diffused on a radio, except when it is ensured by the choice of the hour of diffusion that minors should not be likely to hear them.

According to the terms of the deliberation of the Council of February 10th, 2004, no radio must diffuse between 6 hours and 22:30 of programs likely to run up against the sensitivity of the listeners of less than 16 years.

The pornographic programs or of very great violence are, as for them, the object of a total ban of diffusion because of the absence of allowing technical device, in the case of the radios, to make sure that only the adults can reach it.

On the base of the law of September 30th, 1986 and deliberation of February 10th, 2004, the action of the Council is also based on the commitments outstanding by the radiophonic operators during the signature of their conventions.

The majority of the recent interventions of the Council (letters at the stations in question, formal notices and financial sanctions) related to remarks relating to the sexuality, evoked in raw and obscene terms, bearing reached with the dignity of the woman. Among the other reasons for intervention of the Council can be also raised the remarks incentive with violence, being able to cause the fear, or encouraging the listeners with practices or behaviors delinquent or unpatriotique.

 

Consult the deliberation of the CSA of February 10th, 2004 on the protection of the minors to the radio.

 
 

Which are the rules for the access to the antenna of the political personalities?

The law entrusts to the Superior council of audio-visual the mission of guaranteeing the pluralism of the expression of the currents of thought and opinion in the audio-visual mediums. This pluralism was defined like “intern”, i.e. he wants that balance between the points of view and the opinions is respected by each chain or station (and not “external”, which would be the case if the currents of thought were to be represented each one by at least audio-visual mediums).
 
Apart from the election times, during which is set up a specific device of statement and follow-up of speaking and the antenna times of the political personalities, the Council checks, throughout the year, the application by the audio-visual mediums of the rules which it defined.

In accordance with the law, the speaking times of the political personalities transmitted by the television services and of radio operator to the Council are communicated each month with the presidents of the Senate and the National Assembly and with the persons in charge of the political parties represented at the Parliament. They are also published on this site.
 
The periods of electoral campaign are the object of a very particular vigilance on behalf of the Council. The legislator asks the CSA to address deliberations to the services of audio-visual communication for the duration of the campaigns. The Council goes beyond: it intervenes upstream of the opening of the official campaigns, to specify the conditions of the respect of pluralism which can vary according to the type of poll.  It also adopted, on January 4th, 2011, a deliberation relating to pluralism in election time, whatever the poll. 
  
The modes of enforcement of the principles defined in the deliberations concern the leading responsibility for the diffusers. If the CSA notes manifest imbalances, it can ask the chain, even to put it in residence, to restore balance between the candidates, the lists or the parties political. But the judge of the election is the only one which can truly act on the result of a poll.
 
In addition, the CSA is charged to fix the conditions of programming and production of the emissions of the radiotelevized official campaigns diffused by the public utility (article 16 of the law of the modified September 30th, 1986), when those are envisaged by the electoral code.
 
Article 55 of this same law also entrusts to the CSA the responsibility to lay down the methods according to which a time of intervention is granted, on the antennas of the public utility, with the political formations represented by a group in one or the other of the Assemblies. These emissions, known as “of direct expression”, are also organized for the trade-union organizations and professional representative with the national scale.
 
Let us recall finally that the advertising emissions with political character are prohibited with the radio and on television (article 14 of the law of September 30th, 1986 relating to the freedom of communication).

Consult the topic devoted to political pluralism and the electoral campaigns.
 

How is the control of publicity exerted?

The CSA has the role of controlling the object, the contents and the methods of programming of the advertisements. This control is carried out a posteriori since 1993. In the event of diffusion of a message nonin conformity with the laws and payments in force, the CSA can intervene with the diffusers to ask for the dead halt of the countryside or to prohibit all new diffusion.
 
To avoid the difficulties which a campaign considered to be nonin conformity with the regulation would raise, the advertisers and the advertising agencies subject their message, before his diffusion, with the professional Regulatory authority of publicity (ARPP, e.g. Office of checking of publicity), an interprofessional association of self-discipline, which gives an opinion on the compatibility of this project with the texts. This opinion does not bind the diffusers which can pass in addition to but it can make it possible to the interested parties to avoid infringing the legislative measures, lawful or ethical. He, in practice, is almost systematically claimed by the advertising agencies of the television services.
 
Televised publicity and sponsorship are governed by the decree n°92-280 of March 27th, 1992.
 
Publicity is defined like “any form of diffused televised message subject to remuneration or another counterpart in sight is to promote the supply of goods or services, including those which are presented under their generic name, within the framework of a marketing activity, industrial, artisanal or of liberal profession, that is to say to ensure the sales promotion of a public enterprise or private. This definition does not include the direct offers with the public for the sale, of the purchase or the lease of products or for the supply of services subject to remuneration“.
 
Sponsorship is “very contribution of a company or a public or deprived legal person or a natural person, not carrying on activities of edition of television services or audio-visual mediums with the request or of production of audio-visual works, with the financing of television services or programs with an aim of promoting its name, its brand, its image or its activities”.
 
The most frequent interventions of the CSA relate to cases of clandestine publicity and failures to the rules of sponsorship.
 
Clandestine publicity is prohibited. It is “the verbal or visual presentation of goods, services, the name, the brand or the activities of a producer of goods or a service provider in programs, when this presentation is made with an advertising aim”.
 
 According to the importance of the noted failure and its repetition, the Council can:
 - to write with the diffuser to draw its attention to a failure noted on its antenna,
 - to put in residence to respect the regulation,
 - in the most serious cases, to initiate a procedure of sanction which can in particular lead to the delivery of a pecuniary penalty.

Which are the rules which apply for the general interest campaigns?

These campaigns are organized, on the media of public service, by a circular of the Prime Minister of which the last version dated September 20th, 2010 (Olympic Games of September 22nd, 2010).

Their diffusion within the advertising screens is mentioned in article 14 of the decree of March 27th, 1992 relating to publicity, sponsorship and armchair shopping. Their time of antenna is not taken into account by the CSA in his control of the maximum duration of the advertising screens diffused by the chains.

With which conditions a radio can it diffuse messages of local publicity?

The decree n° 94-972 of November 9th, 1994 introduced the possibility of diffusing messages of local publicity for the radios diffusing a programme of one three hours minimum duration local interest per day, between 6:00 and 22:00, on a zone lower than six million inhabitants. This possibility was opened with the radios which have the role to fall under the local landscape by proposing a program of local interest.

The CSA specified, according to the characteristics of the program diffused by the services of sound broadcasting, the type of operator whom can have access to local publicity.

In are excluded the radios from category D, services sets of themes with national vocation, whose vocation is the diffusion of a program set of themes on the national territory without local unhookings, and the radios of category E, radios general practitioners with national vocation, whose objective is the diffusion on the national territory of emissions making a big part with information, offering a great diversity of programs and having the possibility, within one hour the daily limit, to carry out the unhookings intended for the diffusion of information.

Thus access to local publicity has:

  • radios of category A, eligible associative services at the Bottoms of support for the radiophonic expression, whose commercial resources coming from the messages of publicity or sponsorship diffused with the antenna are lower than 20% of their turnover. These radios have the role to be radios of proximity, Community, cultural or school radios. They must devote to the programs of local interest at least four hours daily between 6 a.m. and 22 hours;
  • radios of category B, local or regional services independent not diffusing an identified national plan and whose zone of service road covers a population lower than six million inhabitants. These independent services not diffusing an identified national plan are characterized by the presence, in their emissions, of a programme of local interest of one daily duration, publicity not lain, of at least four hours between 6 a.m. and 22 hours.
  • radios of category C, local or regional services diffusing the program of a network set of themes to national vocation whose zone of service road does not cover a population of more than six million inhabitants. These services are not characterized the daily diffusion of a program of local interest and, in complement, of an identified program provided by a network set of themes to national vocation. The daily duration of the program of local interest cannot be lower than three hours, except publicity, between 6 a.m. and 22 hours.

The convention signed by the operator with the CSA fixes the characteristics of the program of local interest, its nature and its duration.

The program of local interest must be carried out locally by people or local services directly remunerated by the holder of the authorization. It must comprise local data transmission, emissions of local services or devoted to the expression or the local life, fictions radiophonic and musical programs whose composition or animation is local, like all the programs produced and diffused locally by the owner with an educational and cultural aim.

Are also regarded as local program the emissions diffused within the framework of an agreement of programming concluded with one or more radios belonging to the same category and serving a zone located in the geographical spring of the same radiophonic technical committee or in the spring of a contiguous committee and the emissions making. part of the local program of this or these radios.

The maximum duration of diffusion of the messages of local publicity is limited to 25% of the duration of diffusion of the program of local interest, except publicity, by 24 hours period. The time devoted to local publicity thus varies according to the duration of local unhooking.

 

Consult the topic on the FM radios.

How long does a radio have to preserve its emissions after their diffusion?

The holder of a autrorisation of radio diffusion is held to preserve for one month a recording of the emissions which it diffuses, as well as the corresponding driver.

On request of the Council or territorial committee of audio-visual, it must provide in the eight days copies elements requested.

The recording must be carried out on VHS video cassettes, by using the soundtrack, at a tape speed of 2.37 cm/s, or on tapes of a quarter of inch, at a tape speed of 4.75 or 9.5 cm/s, or on support CD-ROM (format Real Audio).