Translation with SYSTRAN Links


Is it normal to see advertisements for the electronic cigarette?

Not. The law of modernization of our health care system of January 26th, 2016 prohibited, since May 20th, 2016, any publicity for the electronic cigarette (apart from that presents in the places of sale).

How is it made that there is publicity on the services of “replay”? The programs were however already diffused.

Services of audio-visual mediums to the request (of which the services of replay) propose a free access with audio-visual contents. The recourse to publicity takes part not only in the financing and the development of these services but also in their contribution to the sector of audio-visual and cinematographic creation.

The decree n°2010-1379 of November 12th, 2010 relating to the services of audio-visual mediums to the request fixes the obligations of the editors of these services, in particular the provisions envisaged in its chapter III (articles 14 to 18), relating to publicity, sponsorship and armchair shopping.

This decree does not prohibit the diffusion of publicity imposed on the beginning of the watching and the quantity does not limit any. It is thus not possible for the CSA to intervene on the practice to impose the visionnage of an advertisement before that of the program on a service of audio-visual media on the request.

On the other hand, article 14 of this decree prohibits the diffusion of advertisements during certain programs of which the duration is lower than thirty minutes. It is the tv news, of the news magazines, the religious emissions and the emissions for children.

Which warranties does one have to obtain to protect the use of his image on television?

Any person, that it is famous or unknown, has a right to the image. This principle is devoted as well out of civil topic as penal.

Article 9 of the Civil code indicates that “each one is entitled to the respect of its private life. The judges can, without prejudice to the compensation for the undergone damage, to prescribe all measurements, such as sequestrations, seizures and others, suitable to prevent or put an end to an attack with the intimacy of the private life; these measurements can, if there is urgency, being ordered in summary procedure“.

Jurisprudence specified that the right to the image implies that any person is entitled to the respect of her private life and has on her image an exclusive right which enables him to be opposed to its reproduction without its authorization.

Articles 226-1 and following of the New Penal code distinguish three types of infringement likely to be based criminal proceedings for attack by the image with the private life or the representation of the person, among whom fixing, the recording or transmission of the image of a person in the absence of her preliminary assent.

In the case of a diffusion on a TV channel, it is appropriate to specify that the right to the image, which makes it possible to any person to be opposed to the disclosure of its image, supposes that there was not prior approval of the implied person, i.e. that the recording was done without its assent, without its knowledge. On the other hand, if the implied person gave her assent, it cannot be opposed any more to the disclosure of its image nor even to the conservation of this one by the chain, unless bringing the proof of a damage.

One sees sometimes people smoking on plates of television or during emissions of reality TV. Is this legal?

Whereas publicity in favour of the tobacco is prohibited (Article L. 3511-3 of the Public health code), jurisprudence considers that the only fact of diffusing images of people smoking in front of the cameras is not constitutive of acts of publicity or propaganda prohibited by the texts. According to the judge, such acts suppose, on behalf of that which is devoted to it, concrete, voluntary and deliberated action a “intended to promote the use of the tobacco” (TGI Paris, February 25th, 1998, national CNTC c/Ste of television France 2).
However, in 1999, the Council drew the attention of the chains to the necessary respect of the decree n° 92-478 of May 29th, 1992, which considers that “prohibition to smoke in the places assigned to a collective use applies in all the closed places and covers accommodating of the public or who constitute the workplaces”, the plates of television concerned with this definition.

Which are the ethical rules which apply to the chains?

To take care of the deontology of the audiovisual programmes is one of the missions of the Council. This concept comprises various shutters: the respect for human dignity, the fight against discriminations, the maintenance of the public order, the honesty and the independence of information, treatment of the legal affairs and, finally, the respect of the right to the private life. 

The basic principles of the deontology in the audio-visual mediums appear in article 1 of the law of September 30th, 1986. The Council is also pressed on other texts like article 9 of the civil code, which protects the private life from the people, or the law of July 29th, 1881 on the freedom of the press, which condemns the insult and defamation.

These legal requirements are translated in conventions of the private channels and the specifications of the missions and of the public editors. Several their clauses force the chains to avoid kindness in the evocation of the human suffering, to respect the various political sensibilities, cultural and nuns of the public, to promote the values of integration and solidarity, to check their information and of to give the source, to show rigour in the presentation and the information processing and to ensure the rights of the person.

Moreover, the Council adopted several recommendations and deliberations in these fields. Let us quote the deliberation of December 7th, 2004 relating to the international conflicts and their possible repercussions in France, or the deliberation of July 17th, 2008 relating to the exposure of the products of the tobacco, alcoholic beverages and illicit drugs with the antenna.

The appearance in 2001 of the programs of reality TV also led the Council to put forth a recommendation, on May 14th, 2001, framing these emissions. This text provides in particular that in front of excessive manner the spirit of exclusion is not put and that are not uttered defamatory remarks or abusive against the participants. The chains are also held, on the one hand, to permanently put at the disposal of participants a preserved place of any recording and, on the other hand, to envisage daily phases of respite which causes no recording. Lastly, the participants must be informed technical device of recording, in particular of the site of the cameras and microphones and their number, existence of infra-red cameras or two-way mirrors.

The Council always intervenes after the diffusion. The chain is responsible for what it diffuses and it must be guarantor of the remarks made on her antenna. In the event of failure, the Council takes into account the terms of dissemination of the program: the presenter must intervene quickly by stopping the speaker or by condemning its words so contrary remarks to the deontology are made live. When the emission is remote, such remarks should not be diffused.

Lastly, the Council takes into account the kind of the emission. The gravity of the failure is thus different according to whether it is a question from a program humorous, informative, of a fiction or an emission of free antenna.

How is it made that “Meeting with XV”, the Sunday emission of Rugby on France 2, cannot diffuse any more extracts of matches of the Top 14?

The diffusion of extracts of a sporting competition by a chain which did not acquire the rights near its organizer of them (sporting federation, professional league or company of private law) is subjected to the provisions of a deliberation of the CSA, in accordance with the wish of the legislator (article L. 333-7 of the code of the sport).

The deliberation currently in vigueuR, adopted by the CSA on October 1st, 2014 and entry into force on January 1st, 2015 , indeed excludes the magazines unidisciplinaires from the possibility of diffusing extracts of certain sporting competitions, such as League 1 of football or the Top 14 of Rugby.

This exclusion finds its origin in conformity with the provisions of an European directive (directing Service of audio-visual mediums), which restricts the diffusion of these extracts within the only data transmission in general or pluralist matter, which does not seem to be the case of the sporting magazines devoted to only one sport. By determining the rules of diffusion of the briefs extracted from sporting competitions, the CSA was not able to derogate from this restriction.

Why isn't it possible to obtain the functionality “subtitles deaf” in the programs diffused in replay, whereas in direct diffusion we do not have any problem to profit from this service?

Concerning the emissions in replay, the chains do not have obligation of subtitling, their obligations relate to only linear television. However, the Council registered the subtitling of nonlinear television in its recommendations for the accessibility of connected television: (page 47).

Since the arrival of DVB HD, I do not have any more access to subtitling. Why?

Are you sure (E) to have engaged the option subtitling? With the arrival of the digital diffusion, the access to subtitling is not made any more by the key “Teletext” of the remote control but by a key “ST”, “Sub” or “Sub-tittle” or, preferably, by a permanent adjustment to which it is possible to reach, according to your equipment, by the key “Small”, then by the options of the menu until “deaf Subtitles”.

What makes the CSA so that the chains cease assembling the sound at the time of the advertising screens?

The increase in the sound volume of television at the time as of advertising screens has been, for several years, a subject of work for the CSA. Concerned of the comfort of the televiewers, it organized since 1992 several series of measurements of the sound intensity of the programs. Those had allowed only partial improvements, for lack of tools making it possible to precisely consider the excursions sound perceived like excessive. But as from the year 2010, the Council could bring a concrete solution to this problem by establishing a calendar being spread out December 2011 to 2013.

A median value to be respected

Following a dialogue with the editors and the professional organizations concerned, the Council adopted a deliberation on July 19th, 2011. Laying down precise technical methods to improve comfort of listening and a calendar for the chains and the producers, it aims to the control by the editors of the sound intensity of the programs and the advertisements diffused.

Thus, since mid-December 2011, a fall and a generalized alignment of the average sound intensity of the chains make it possible to the televiewers to pass from the one to the other without undergoing important differences, for little that their television receivers do not introduce new variations. The technical measures carried out by the Council on the free national chains of the DVB during twenty-four hours indicate that most between them the actions envisaged by the deliberation carried out. Indeed, the average sound intensity of these chains measured during twenty-four hours is very close to the value -23 LUFS (measuring unit of the sound intensity of an audio sequence) recommended by the Council. Some of these average sound intensities present a profile far from variable over the day, while others have a greater variance.

A variation reduced for the advertisements

Since January 1st, 2012 , the variation of sound intensity at the time of the passage of a program to a publicity is framed. These variations cannot from now on exceed a ceiling considered as that of the auditive embarrassment for the televiewers. This variation will not be either inevitably worthless, for example between a “calm” end of program followed by a publicity. 

Since January 1st, 2013 , the variation of sound intensity for the advertisements is even weaker than the ceiling such as definite above. The results are satisfactory as regards the chains of the DVB which tried technical and human hard to correctly implement this deliberation. Actions remain however still necessary, in particular for certain specialized channels or foreign available on certain networks of the distributors, in order to make to the televiewers a homogeneous offer as regards the sound intensity. The Council will continue its exchanges with the engineering teams of the chains concerned.

Complimentary measures are also to consider, in particular on behalf of the manufacturers of television sets and the distributors (ADSL, satellite, cable) which must be associated with this effort with homogenisation with the sound intensity. In this dynamics, and whereas the modes of consumption of the television services evolve and that technologies progress, of new working tracks and reflection were identified, on the intelligibility of the dialogues or the advertisements present in the contents diffused on Internet.


On television consult the topic devoted to the sound intensity.

In certain emissions, the background music is so strong that it covers the dialogues. Can the CSA rectify this situation?

The CSA already could note that certain emissions of television can have a background music, integral part of the audio-visual work, which can prove to be awkward. If one suffers from certain auditive deficiencies, the background music can seem to parasitize the dialogues.

The legislator however did not allot to the CSA of competences allowing him to impose a certain level of intelligibility of the programs diffused on the chains of television, level which it would be advisable to qualify, so that they are accessible to greatest number the. Only rules relating to the sound intensity of the chains, and the programs and advertisements which compose them, indeed could be elaborate pursuant to the provisions retained by the Parliament, which was the object of the deliberation on the sound intensity in television adopted by the Council on July 19th, 2011. On the other hand, an unbalance between the sound elements of only one program cannot be sanctioned. It is advisable moreover to note that he is still complex and expensive to technically characterize the intelligibility of programs in the absence of methods and tools which would make it possible to carry out this measurement in an automated and powerful way.

The CSA remains nevertheless attentive with these difficulties and mentioned this question in his report on the loudness with the television, given to the Parliament for the years 2012 and 2013.

Under which conditions a audio-visual work coproduced under the aegis of a bilateral agreement of coproduction between France and a State non-member of the European Union can it be regarded as a European work?

The qualification of European work allotted by the National centre of cinematography and the image animated (CNC) within the framework of a bilateral agreement governing the benefit of a financial aid de facto does not carry the qualification of European work within the meaning of the directive 2010/13/UE Services of audio-visual mediums.

To profit from the qualification of European work, work must respect the criteria defined by this directive, as transposed in French right to article 6 of the decree n° 90-66 of January 17th, 1990.

Thus, to look at a coproduction being the object of a bilateral agreement like a European work, the Council makes application of the article 6-III of this decree which lays out that “finally constitute of cinematographic works or audio-visual European works which are produced within the framework of bilateral agreements of coproduction concluded between European Community Member States and Non-member states when works are financed mainly by the contributions of co-producers established in Member States, in the condition that the coproduction is not controlled by one or more producers established apart from these States”.

Which are the rules imposed on televisions as regards child protection and of adolescence?

The need for protecting the children and the teenagers from violence, in particular that diffused by television, was the object of specific measures in France as of the Seventies. It is one of the essential missions that the law entrusted to the CSA.
At the time of his installation in 1989, the CSA fixed, in his directive of May 5th, a framework recommending to the chains a detailed attention for the emissions for youth and the emissions diffused at the hours of great listening. The erotic emissions or of incentive to violence could not be diffused between 6:00 and 22:30 any more. 
In 1996, noting that the level of representation of violence in all its forms was particularly high in the fictions and that these images constituted one of the first concerns of the public as regards television, the CSA wanted to reinforce the safety device of childhood. He then proposed with TF1, France 2, France 3, RFO, Canal+ and M6 to set up a system of classification of works, visible with the screen and commun run with the whole of the chains: descriptive youth. 
This device is integrated in conventions of the private channels. The Government thereafter integrated it in the specifications of the missions and of the public channels.
In parallel, the Council asked each chain to set up a committee of watching, person in charge of the classification of the programs.
Noting that the adopted device was not sufficiently explicit, the CSA decided, in June 2002, to make evolve the pictograms to replace them by signals comprising of the indications of age. These new signals are with the antenna since November 2002. With each category of programs schedules of diffusion are affected: thus the programs -10 years cannot be diffused in the programs youth; the programs -12 years cannot be diffused on the chains not cinema before 22:00, but exceptionally can the being after 20:30 provided that it is neither about Tuesday, neither of Friday, neither of Saturday, nor of a school holiday day before, because the children are present later in front of the small screen these evenings. On the chains not cinema, programs -16 cannot be diffused before 22:30 and the programs -18 years are not authorized. 

The Council also took measures to alert the televiewers of the harmful effects of television on the young children.

To the title of the child welfare, the CSA also recommends to the chains to be vigilant when they make take part minors in their emissions. When those live or testify to a difficult personal situation, the chains must protect their identity, in particular, in order to avoid any risk of social stigmatization.


Find a space of dialogue and advices on the site of the CSA devoted to the protection of the young public to television: vis-a-vis the screens, let us be vigilant.

Consult the topic of the site devoted to the youth and the protection of the minors.

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 the CSA can let diffuse as many advertisements to television?

The time devoted to the advertisements on television is framed by several legal texts: the decree of March 27th, 1992 on the mode applicable to publicity and sponsorship (article 15), the specifications of the missions and of the public channels and conventions of the private channels. These texts indicate the limit within which the advertisements can be programmed. 

The CSA makes sure in particular of the respect, by the chains, of these limits. Financed mainly by the contribution to the audio-visual public (new name of the royalty), the public channels (France 2, France 3, France 4, France 5, France Ô in particular) are not authorized to resort to publicity as much as the private channels: on France 2 and France 3, for example, publicity cannot be higher than six minutes per hour on average daily, without being able to exceed eight minutes for a hour given. It is prohibited after 8 p.m. (only the “generic” sponsorships and advertisements are allowed). On the private channels, the daily average duration of advertisements is of new minutes per hour, but these chains can diffuse up to twelve minutes of publicity for a hour given.

How is it done that important sporting events are diffused only on paying chains?

The diffusion of the principal sporting events on television is governed by the decree n° 2004-1392 which fixes the conditions in which by the chains the exclusive retransmission the events known as “of major importance must be assured”, so that an important part of the public is not private possibility of following them on a free channel.
 These events of major importance appear in the following list:

  • Olympic Games of summer and winter;
  • matches of the French team of football registered with the calendar of the International federation of football association (FIFA);
  • the match of opening, semi-finals and the final of the Football world cup;
  • semi-finals and the finale of the Championship of Europe of football;
  • the final of the Cut of the European Union of football association (UEFA) when a sporting grouping registered in one of the championships of France takes part in it;
  • the final of the League of the champions of football;
  • the final of the Coupe de France of football;
  • the tournament of Rugby of the Six Nations;
  • semi-finals and the final of the World cup of Rugby;
  • the finale of the championship of France of Rugby;
  • the final of the European Cup of Rugby when a sporting grouping registered in one of the championships of France takes part in it;
  • finales of the simple Sirs and ladies of the tennis tournament of Roland-Garros;
  • semi-finals and finales of the Coupe Davis and Fed Cup when the French team of tennis takes part in it;
  • the Grand Prix of France of formula 1;
  • the Tour de France male cyclist;
  • the competition Paris-Roubaix cyclist;
  • finales male and female of the championship of Europe of basketball when the French team takes part in it;
  • finales male and female of the world championship of basketball when the French team takes part in it;
  • finales male and female of the championship of Europe of handball when the French team takes part in it;
  • finales male and female of the world championship of handball when the French team takes part in it;
  • world championships of athletics.

A paying chain cannot reserve the exclusiveness in the retransmission of the one of these events. The national free channels must be able to obtain the rebroadcast rights from them.
On the other hand, the sporting events which do not appear in this list are not subjected to this provision. It is thus possible that only a paying chain is holder of the rebroadcast rights of certain competitions.

Consult the decree n° 2004-1392 relating to the diffusion of the events of major importance.

Does the CSA intervene in the process of selection or elimination of the candidates to the games of telereality?

The CSA cannot intervene in the production of the emissions of television, including televised games subjected to the control of a bailiff which is guaranteeing respect of the règles du jeu enacted by the originators of the program. Insofar as the TV channels are only the persons in charge of their policy of programming, the procedures of selection of the candidates are not likely to involve a direct intervention on behalf of the Superior council of the audio-visual one, whose powers are strictly framed.

Why all the programs aren't subtitled on television?

Here is a question which very often returns in the messages of people living with an auditive handicap. It is true that a long time, France did not look really like good pupil. The law of February 11th, 2005 on the chance and equal rights, the participation and the citizenship of the handicapped people introduced into the law of September 30th, 1986 a certain number of provisions on this subject. Those were used as a basis for the drafting of the obligations as regards subtitling of the new agreements of objectives and means of France Televisions. In its turn, the Council re-examined the drafting of conventions of the TV channels deprived with regard to the accessibility of the emissions to the deaf or deaf people. 
The legal tendencies provide that any chain whose annual audience exceeds 2,5% of the total audience of the television services must propose devices adapted to make it possible to the deaf or deaf people to reach the programs. 
The chains of the cable and the satellite do not escape the rule. For the chains which have an audience lower than 2,5% of the total audience, the Council fixed at 40% the volume of programs having to be accessible. 
The Council works, in this field, in close collaboration with associations representative of the auditive handicapped people. It meets them regularly to know their waitings and their difficulties as regards audio-visual. 
Always guided by its will to enforce the law on the equal opportunity, the Council forced the chains to subtitle or translate into language signs the emissions of the official countryside for the election of the President of the Republic. He was delighted by the implication of the diffusers which understood all the importance to make take part the deaf or deaf people in the public debate. 
Today, the Council remains attentive, by regularly recalling to the TV channels the need for making available their programs to the unit from the televiewers, while being conscious of the investment that represents for them. But it is time to take new habits if it is wanted that the French model becomes an example to be followed. 
Consult the topic devoted to the accessibility of the programs. 

All are the chains diffused in France controlled by the CSA?

Very many chains are diffused on the French territory, that it is by the terrestrial terrestrial network (the DVB), the cable networks, satellite, ADSL or Internet. All do not concern the competence of the CSA. Thus it is chains established in another European State (Member States of the European Union, Ireland, Liechtenstein and Norway) like, in addition, of the non-European chains falling within the competence of another European State, pursuant to the technical criteria of the European directive Services of audio-visual mediums relative to their satellite diffusion on Europe.

Among the French chains, some are not subjected to the control of the CSA: it is the Arte chains and the Parliamentary chain.

Arte, Franco-German chain

The Arte chain is governed by the bearing treaty creation of the cultural chain European, signed on October 2nd, 1990 between France and Germany and come into effect on July 11th, 1992. Two shareholders, Arte France for our country and Arte Deutschland for Germany, hold each one 50% of the security company, Arte GEIE. Franco-German chain, Arte does not concern competence the regulatory authorities French or German, but the control of the only members, “ other than any intervention of public authority, including independent authorities in charge of the regulation of audio-visual in the country of the seat ” (article 1st of the treaty).

This particular status explains the reasons of the absence of descriptive obligatory youth on all the other French chains. Arte also escapes the rules defined by the CSA as regards pluralism except election time, as with the recommendations which it enacts before each electoral expiry, while at the same time it comprises programs of information, of which a daily newspaper (Arte Infos), treating French political news in particular.

The Parliamentary chain: under the control of the office of the assemblies

The Parliamentary chain diffuses the emissions of two companies of programs: National LCP-Assembly and Public Senate. Those are made up in the shape of marketing companies of private law whose capital is completely held by the parliamentary assembly to which each one of them is attached.

The two companies of programs enjoy a leading independence whose their president and their board of directors are guaranteeing.

It is under the control of the office of each assembly that the companies must respect the applicable regulation as regards TV channels sets of themes and fulfill the requirement of impartiality of the programs posed by the law.

Can the CSA ask the chains to change the place of their logos to avoid the marking of the screens plasma?

Initially, it is advisable to indicate to you that only the screens plasma are sensitive, in a more or less important way, with the phenomenon of marking and that a certain number of manufacturers already developed technologies to reduce, even in the long term to eliminate this phenomenon. In any case, it does not fall to the CSA to force the chains to move their logo but he belongs to the manufacturers of screens to continue the improvement of their products to remove such a disadvantage completely.

Do the chains have the right to modify their program timetables constantly?

Under the terms of conventions which they sign with the CSA, the chains of television are held to make known their programs at the latest 18 days before their diffusion and more to modify them within a time lower than 14 days.
That being, certain exceptional circumstances can authorize the chain to modify its programming tardily:

  • a sports event;
  • a new event related to the news;
  • a problem involved in the rights protected by the Code of the intellectual property;
  • a legal decision;
  • a technical incident;
  • an interest expresses for the public decided after dialogue between the chains concerned;
  • a against-performance of significant audience of the first numbers or episodes of a series of programs.

Moreover, except constraints related to the diffusion of live emissions, the chains are held to respect the beforehand announced schedules of diffusion.

How the CSA can let pass so much from titles of emission in English, including on the public chains?

The case of the titles of emission concerns the legal provisions relating to the brands. The brands can be deposited, recorded or used in France without translation. However, the public people and the individuals in charge of a mission of the public service cannot employ brands made up of a foreign term since there exists a French term are equivalent approved within the framework of the regulations relating to enrichment of the French language (article 14 law of August 4th, 1994). These provisions address in particular under emissions which were the object of a deposit as brand.

Thus the public companies of television or radio, at the same time subjected to the legislation on the limited companies and invested of a mission of the public service pursuant to article 43-11 of the law of September 30th, 1986, cannot allot to their emissions a title made up of foreign terms. Three exemptions however are envisaged by the law:

  • titles of emissions whose these companies acquired the rights of diffusion and from which the design escapes to them;
  • titles made up of a foreign term of which there does not exist any French equivalent;
  • the titles which were deposited as brand before August 7th, 1994.

Who assigns the pictograms and the warnings of descriptive youth to the diffused programs?

In fact the chains themselves, and not the CSA are responsible for the classification of their programs. They are thus they which choose to signpost such or such program and decide pictogram (- 10 years, -12 years, -16 years or -18 years) and warning (Disadvised with less than 10,12,16 or 18 years) which will be reproduced on the screen during the diffusion of the program and the trailers, in accordance with the device which they were committed respecting. For the films, the chains must indicate the mention of the prohibition to less than 12.16 or 18 years which was decreed, if necessary, by the ministry for the Culture and the Communication at the time of their exit to the cinema (Prohibited in room with less than 12.16 or 18 years).
The CSA controls, after the diffusion, the relevance of the choice of the chains. If it estimates that a program under-was signposted, or, rarer case, on-signposted, it informs of it the chain and asks him consequently to modify indication for the next diffusions of the program. Each year, he makes with the national chains an assessment of their application of the descriptive one.
The principle of regulation of the audio-visual sector retained by France at the time of the vote of the law of the modified September 30th, 1986 affirms that “the audio-visual communication is free” and thus draws aside any concept of programme testing before their diffusion. The censure of the TV programs or radio does not exist in France. On the other hand, televisions and radios must respect the provisions of the French law and the regulation, like those, when it acts private operators, appearing in the conventions signed with the CSA or, when it acts public operators, contained in the specifications of the missions and published by decree. The CSA makes sure that these provisions are respected strictly. It maintains the regular relations with the operators in this objective. If need be, it can use its power of administrative sanction who is exerted after warning (”formal notice“).

Find a space of dialogue and advices on the site of the CSA devoted to the protection of the young public to television: vis-a-vis the screens, let us be vigilant.

How are the speaking times of the political personalities for the period of countryside to the primary elections entered?

No legislative text governs in a specific way the treatment by the audio-visual mediums of the primary elections organized prior to electoral campaigns. The mission of the CSA consists in making sure of the respect by the editors of the services of radio and television of the general rules fixed by its deliberation n° 2009-60 of July 21st, 2009 relating to the principle of political pluralism, which it modified and supplemented by the deliberations n° 2016-20 of June 29th, 2016 and n° 2016-22 of July 27th, 2016.

Within this framework, the interventions of the candidates for a primary election are taken into account as well as those of the other political personalities.

The Council nevertheless indicated, in the document of proposals which it made public in September 2015, that it would be attentive so that the pluralist expression of the currents of thought and opinion, required by the articles 1st and 13 of the law n° 86-1067 of September 30th, 1986 relating to the freedom of communication, is ensured in the exposure of the various candidatures.

Consult the speaking times of the political personalities raised before the beginning of the electoral campaign

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.

How is it made that the chains can stop the sporting retransmissions by publicity?

The public authorities set up in 1992 a mode framing the advertising break of the emissions strictly, by taking account of specificities of each TV channel and each emission (cf article 15 of the decree of March 27th, 1992). This article returns in addition in article 73 of the law of September 30th, 1986 relating to the freedom of communication as regards the interruption of quite particular emissions which are audio-visual and cinematographic works. 

For the free private channels (TF1, M6, etc) 

Under article 15-II of the decree, “When the emissions are composed of autonomous parts or in the sporting emissions and those broadcasting of the events and the shows including of the intervals, the advertisements are inserted between these autonomous parts or in these intervals”. In certain cases, the moment chosen by the chain to stop an emission is forced to him in order to avoid any inappropriate interruption. It is thus emissions being composed of autonomous parts, i.e. emissions comprising of the elements of program independent from/to each other, being able to be diffused separately, identified and separated by visual and sound elements, in particular of the credits, so that clear distinction takes place between each part. The interruption must then be carried out between these autonomous parts.
It is also thus emissions ensuring the retransmission of sporting events and shows (concerts, stage performances, operas, etc) including intervals. The advertisements, not to attack the integrity and to the continuity of the match or the show, must be diffused at the time of the pauses (half-time of a football game, change on side for a meeting of tennis, etc) and intervals. 
The retransmissions of sporting tests not comprising pauses, the such Grands Prix of Formula 1, cannot in any rigour not be stopped. The financial consequences for the diffusers which would carry a strict interpretation convinced the CSA to adopt a solution consisting in tolerating the advertising interruption of these tests provided, on the one hand, that the moments headlights of the demonstration which could not be followed live at the fact of the advertising interlude are diffused if need later on, on the other hand, that a time of at least twenty minutes is run out between two successive interruptions so that the mode applicable to these emissions is at the very least in conformity with the common right.

For the public channels (France 2 and France 3, in fact)   

The decree n° 2005-614 of May 27th, 2005 modified the specifications of the missions and of the companies France 2 and France 3 and comprises, for these two chains, an easing of the rules governing the insertion of the advertisements at the time of the sporting meetings not comprising intervals. 
A new subparagraph was thus inserted, on the one hand, with article 36 of the specifications of the missions and of France 2, on the other hand, with article 38 of the specifications of the missions and of France 3 : ”The emissions which ensure the retransmission of the sporting events not comprising intervals can be stopped by advertisements. One period of at least twenty minutes must be passed between two successive interruptions of the emission“.

Article 36 of the book of the missions and loads of France 2 are thus written: “The programming of the advertisements must be in conformity with the decree n° 92-280 of March 27th, 1992 under the following reserves: the advertisements are inserted between the emissions. 
Notwithstanding the previous subparagraph: 
- the emissions which ensure the retransmission of sporting events comprising of the intervals can be stopped by advertisements, in the condition that those are diffused in these intervals and that they do not exceed the duration of it; 
 - the emissions which ensure the retransmission of sporting events not comprising intervals can be stopped by advertisements. One period of at least twenty minutes must be passed between two successive interruptions of the emission; 
 - the emissions other than audio-visual works, within the meaning of the decree n° 90-66 of the modified January 17th, 1990 can, after authorization delivered by the Superior council of audio-visual and when they are diffused before 8 p.m., to be the object of interruptions by advertisements if they are made up of autonomous parts identified and separated by visual and sound elements".

I answered by SMS a game and my answer was the good one. However, I did not gain anything. How that is it done?

Undoubtedly you speak about a game of the type of those which are described as “TV-moneybox”: with the screen, the presenter promises to you that while answering the question, you will be able to gain the first prize: “If you know the color of the white horse of Henri IV, send a SMS and gain 2,000 € !”. The same question returns unceasingly, like a refrain in a bad song. One lets oneself take with the game, persuaded which one will gain: “Nevertheless, 2,000 €, that is worth the blow…! One packs and… one sends a quantity of SMS surtaxed without never gaining. 
How to protect the televiewers vis-a-vis the development from these emissions whose principle is to return towards surtaxed services which are not only prolongations of the emission but constitute the object even program? 
Conscious of this drift, the Council adopted, on December 4th, 2007, a deliberation which reinforces the consumer protection by requiring that this one be informed of the possibility of being refunded totality of the committed expenses. Previously, when one sent a postcard to take part in a game, the price of the stamp could be refunded: it is in the same way today for SMS. 
Another contribution of this deliberation: the televiewers must have all the necessary information to know their real chances of profit. The course of the game must thus specify the full number of players and the possibility of a lottery between the participants. The deliberation does not relate to only the emissions known as of “TV-moneybox” but relates to all the incentives to use telephony services or SMS surtaxed in the television programs.

Consult the deliberation of the CSA of December 4th, 2007 relating to the incentives to use services SMS or telephone surtaxed.

Why the presentation of the subtitles vary does from one chain to another?

The standards of subtitling vary according to the wishes of the TV channels. The colors subtitles, their placement and their tape speed differ from one chain to another, and even sometimes according to the companies carrying out subtitling for the chains.
The subtitles obey several constraints holding with the legibility and the speed of comprehension of the spectator. The speed of the stating of the dialogues must also be taken into account. So that subtitling is effective and that its reading is easy, it is of use which it comprises 15 characters a second or, still, a line for two seconds, a line and half for three seconds, etc the maximum number of letters and spaces which can be registered on the screen is of two lines of 36 signs.
As regards methods of oral translation of the remarks of a foreign personality, the chains endeavour to guarantee the accessibility of all with the held speech, while preserving the faithful restitution of the original words.

Consult the topic devoted to the accessibility of the programs.

In which definition are diffused the programs high definition?

In theory, in at least 720 lines. The choice of the chains went towards the 1080i, with a horizontal resolution of 1440.

How is it made that the episodes of certain televised series are diffused in the disorder?

There exist two types of series: series “feuilletonnantes” and series with “buckled episodes”. The first are made up of episodes which are followed and which, for the good comprehension of the intrigue and the respect of work, are diffused in the chronological order. Those with “buckled episodes” are made up of parts independent from/to each other, in which there are a beginning and an end with the intrigue in each episode. This kind of series is sometimes diffused in the disorder, even if a main idea is present throughout the season.

Contrary to the American chains, the French chains generally diffuse between one and three new episodes per evening, possibly associated with older episodes. The juxtaposition of a new episode with an old episode makes it possible the chains to preserve their public between the first and second parts of the evening. That reinforces the audience and facilitates the installation of the program in the duration.

In 2012, France 2, with the Castle series, made the choice of this programming by diffusing at 20:45 a followed new episode by the repeat broadcast of two other episodes. The same applies to Murdoch, on France 3, and this practice seems to function since the public is always with go.

TF1 devotes two evenings per week, Tuesday and Wednesday, with the diffusion of American series, and sometimes even a third, Friday. That it is for Mentalist, Spirits criminal, the Miami Experts or Dr. House, the chain proposes in general between one and two news per evening, follow-ups of a repeat broadcast.

M6, following the example of other chains, generally diffuses two new episodes follow-ups of old episodes. It is the case in 2012 saturdays, day of diffusion of series FBI: very special duet

The respect of the device of descriptive youth, because of the time constraints that it provides for the programs disadvised with less than 12 years (diffusion after 10 p.m. except exception) and 16 years (diffusion after 22:30), can also force the chain to disturb the chronology of a series. But this phenomenon occurs only seldom.

How is it made that the chains can diffuse advertisements in foreign languages?

The first subparagraph of article 20-1 of the law of the modified September 30th, 1986 relating to the freedom of communication, in which the law of August 4th, 1994 relating to the use of the French language was partially integrated, provides that “ the employment of French is obligatory in the whole of the emissions and the advertisements of the organizations and departments of communication audio-visual (…) ”.

However, of the mentions in foreign language can be used in the advertisements provided that their translation in French is “ also readable, audible or understandable that the presentation in foreign language ”, in accordance with the fourth subparagraph of the above mentioned article. The Council takes care of the good application of these provisions.

Why are there never pictograms in the tv news?

For the televised newspapers, the CSA chose to privilege a mode of communication with the public as regards protection of the minors which is not the device of descriptive youth (pictograms -10,-12, etc) but the oral warning: all the chains have the obligation to prevent the public clearly when not easily bearable images or testimonies relative to dramatic events will be diffused, so that young people can be far away from the screen.
The CSA regularly recalls it to the chains and has even marked settings remains about it on this point.
The CSA did not wish that signals -10,-12 be used or -16 for the televised newspapers because it estimates that they would be ineffective for such short sequences. The pictograms are particularly effective when they can be announced in the press or the trailers: the public can then take account and be organized of it, which would not be the case for sequences of tv news. However, it is certain that the tv news frequently understands difficult and painful subjects for young people and that less than 8 years should not be exposed there.

Find a space of dialogue and advices on the site of the CSA devoted to the protection of the young public to television: vis-a-vis the screens, let us be vigilant. 

A candidate wishes to establish in his committee room a webcam which will diffuse live images on its website and its accounts Facebook and Twitter. This process is it contrary with the rules of the CSA for the respect of pluralism?

Not, the simple diffusion of a video stream on a website does not answer the definition of a television service. However, the CSA controls only what is diffused by a service of television (or radio): “ Is regarded as television service any department of communication with the public by electronic way intended to be received simultaneously by the whole of the public or a category of public and whose main program is composed of an ordered succession of emissions comprising of the images and the sounds. ” (article 2 of the law of the modified September 30th, 1986).

The deliberation of the CSA of January 4th, 2011, relating to the political principle of pluralism in the services of radio and television in election time, provides thatit does not applyto the services of radio and television having for specific contents the electioneering propaganda of the candidates, the lists of candidates, the parties and groupings political or their supports and exclusively accessible by transportation route to the public online ”.

Why does one still find publicity on the chains of France Televisions?

Since January 5th, 2009, the chains of France Televisions (France 3 excluded Areas, where the diffusion of advertisements is authorized by article 53-VI of the law of September 30th, 1986) should not diffuse any more 8 p.m. commercial advertisements at 6 o'clock in the morning. Televiewers, for the majority satisfied with this reform, are astonished however by the presence after 20 hours of sequences which they compare to publicity. 
It acts by way of messages of general interest (within the framework of the information campaigns of the administrations on subjects such as the road safety, the fight against alcoholism, as well as messages of charitable organizations), generic advertisements (to promote apple, dairy products, etc) or mentions of sponsorships of emissions.
These three categories of messages are not aimed by the reform of the public channels and can thus continue to be diffused.
A decree of March 27th, 1992 fixes the rules framing the publicity, the sponsorship and the armchair shopping, which are applicable to all the TV channels. According to this decree, is described as “publicity” any form of televised message diffused subject to remuneration in order to promote goods or services or to ensure the sales promotion of a company or of a legal person or physics. On the other hand, is regarded as concerning sponsorship any contribution of a company or a legal person or physique to the financing of television programs in order to promote its name, its brand, its image or its activities.
This decree imposes that the sponsored emissions are clearly identified like such. They are these mentions of sponsorship, present at the credits of the emissions and recalled in the trailers, which are sometimes confused with publicity.


Consult the decree of March 27th, 1992 on publicity, sponsorship and armchair shopping. 

I took part in a game show and I then asked for the refunding of my phone calls. I did not receive anything. What do I have to make?

The CSA does not have legal competence to intervene on the conflicts which oppose a chain and its televiewers. You can on the other hand carry felt sorry for near your police station.

The quality of subtitling leaves something to be desired. Couldn't one improve it?

Pursuant to the provisions envisaged by the legislator, the Council negotiated with the chains of strong audience, namely TF1, M6, TMC, W9, Canal+, which they subtitle the totality of their programs starting from February 12th, 2010. The chains of France Televisions also subtitle the totality of their programs.

In addition, allowing an improvement of the C-W communication, the Government chose for platform DVB (reception by antenna rake) to use the format of subtitles suggested by the forum DVB, which allows the posting of texts colors and fat as well as translucent bottom, but for which the manufacturers of television sets in general did not plan a system of enlarging. The teletext, of a C-W communication generally considered as less pleasant, often had a mechanism making it possible to double the size of it.

Apart from platform DVB, the distributors (of Free type, Orange or Bouygues) have the obligation to take again flows of subtitles placed at the disposal by the chains. On the other hand, the distributor is free format which it applies to the subtitles, this is why one can find subtitles of a format close to the teletext and possible mechanisms of enlarging on certain bouquets proposed by distributors with variations as for the features suggested.

The Council continues to study the means of improving the access to the greatest number of the television programs, while in particular following the evolution of international work on the next standards of subtitling. Thus, the improvement of the quality of subtitling and its flexibility to adapt to the special needs are part of the subjects of attention of the Council.

How is it made that the chains do not respect the announced schedules?

The Council regularly receives protests of televiewers about the shift often noted between the schedule of diffusion of the emissions announced in the televised programs and the effective schedule of diffusion. 

It should be known that the shift operated by the chains between the announced schedules and the effective schedules is mainly due to the fact that the schedules communicated to the newspapers, the magazines of television or the specialized sites - at least 18 days before the diffusion - can present onlyone indicative character. Their respect is indeed subjected to multiple risks in particular related on the diffusion live at certain emissions, but also to the variations amongst advertisements and of bands ads. For the programmes of first part of evening, the shift is also due to the duration of the tv news, which can be lengthened according to the news.

This schedule being that where a large number of televiewers is present in front of his station, the chains benefit from it to diffuse as much as possible advertisements (except on the public channels other than France 3), and of sponsored emissions, important sources of incomes for the private channels. The advertising duration of the screens is however limited: on the private channels, the daily average duration of advertisements is of new minutes per hour. These chains can however diffuse up to twelve minutes of publicity for a hour given.

This jet lag is however particularly awkward for those which program the recording of an emission. It is careful, in this case, to envisage broad beaches of recording.

Can the CSA do something against the use of the Anglicisms to television and the radio?

In the actual position of the French right, an official legal terminology cannot be imposed on the television services and radio, which they public or are deprived, and nothing prohibits the recourse in the audiovisual programmes, as within the advertising screens, in the foreign terms or expressions entered the language running (airbag, live…), when well even those would have a French equivalent.

As regards the frequent use of Anglicisms, the Constitutional council authorizes the free use of foreign words. He declared in a decision of July 29th, 1994 that “[the freedom of communication and expression] the right for each one implies to choose the terms considered by him best appropriate to the expression of its thought; […] the French language evolves, like any living language, while integrating in the usual vocabulary of the terms of various sources, which they are expressions resulting from regional languages, terms known as popular or foreign words “.

Descriptive youth is it applicable to the musical clips?

Taking into account their brevity and absence of trailers preliminary to their diffusion, the Council estimated that the musical clips could be exonerated from the systematic character of the descriptive one. However, for those likely to run up against the sensitivity of young people, the chains must avoid diffusing them before 10 p.m.

The recrudescence of musical clips with sexual connotation led the CSA to engage, in 2010, a reflection with the persons in charge of the musical chains on the diffusion, during the day, of musical clips without descriptive. At the end of this reflection, the CSA recommended to the chains to give priority, during the day, with a version not comprising images likely to run up against the young public, especially when these clips have one long duration. Certain chains affix descriptive “ Disadvised with less than 10 years ” as soon as they consider it necessary.

These initiatives contribute to the respect of the lawful device which forces not to diffuse before 22 hours of the programs likely to run up against the sensitivity of young people.

The CSA intervened several time near the musical chains about musical clips with sexual connotation in order to ensure the application of the recommendation of June 7th, 2005 relative to descriptive youth:

- in March 2010, he asked them to diffuse the clips of TonightI' m loving you of Enrique Iglesias and S&M of Rihanna after 10 p.m.;

- in June 2010, it intervened to ask them to affix descriptive category III (Disadvised with less than 12 years) with the Senile clip of Lady entitled Alejandro ;

- in June 2011, finally, it invited them to diffuse the Sweat clip of Snoop Dog and David Guetta after 10 p.m.

He noticed that, since its interventions, the music channels were more vigilant on the terms of dissemination of the clips in comparison with the protection of the young public.

Why is it impossible to receive televisions and the national radios Friday preceding the polls when does one live overseas?

Televiewers residing in the departments and communities of overseas are astonished that radio stations and of television are inalienable Friday preceding each of the two turns of the municipal elections. A phenomenon which is explained by the period of reserve occurring before each election.

The legislator indeed suspended the time of the electoral debate so that the voters exert their choice without external influence. Subparagraph 2 of the article L 49 of the electoral code prohibits the diffusion by electronic way of any message having the character of electioneering propaganda as from the poll day before at zero hour. During this period, the radio stations and of television can diffuse only reports devoted to the vote of the candidates and personalities which support them, subject to not taking again their remarks. This prohibition is worth at the same time for the departments of communication audio-visual and the departments of communication online (in particular Internet). The emissions available before this date on the websites of the radio stations and television, or via a service of audio-visual mediums to the request, can nevertheless remain accessible to the public.

A problem arises overseas where territories located west of the metropolis (Guadeloupe, Guyana, Martinique…) saturdays because of the jet lag vote, whereas those located at the east (Réunion, New Caledonia…) Sunday votes. The period of reserve having to start twenty-four hours before the day of the poll, the chains adapt their programming as of Friday so that the territories located west of the metropolis are put away from any electioneering propaganda.

Several possibilities are offered to the chains. They can choose to diffuse on these territories programming adapted so that the electoral debate is suspended and that the voters can make their choice without external influence, therefore to propose emissions without relationship with the election and its candidates. Another solution consists in diffusing two different signals in the East and the West, by modifying the programs as of Friday in the East, while the West can continue to be informed under the same conditions as in metropolis. They can also quite simply cut the signal.

The chains prefer usually this last option because it is complicated technically to send two different signals to the East and the West. While cutting the signal, they apply a kind of mathematical rule by depriving of national plans the voters fewer, that is to say the inhabitants of overseas located east of the metropolis. Thus the televiewers of all the departments and communities of overseas do not receive the chains, except the local channels, the vendredis preceding the two turns by the election.

Why does one see as much publicity during the films and the televised series?

The law of March 5th, 2009 relating to the audio-visual communication and the new public service of television gave to the TV channels the possibility of proceeding to two advertising breaks during the diffusion of a cinematographic work or audio-visual. This provision aims at ensuring a better circulation of advertising flows within the framework of the reform of the audio-visual public, by harmonizing our national law with the EU law. 
Anxious to preserve the comfort of the televiewers, the CSA specified the methods of application of this provision, by requiring that one period of at least twenty minutes be observed between two successive interruptions, that it is about a cinematographic, audio-visual work (constitutive, or not, of a series, a serial or documentary) or of a program intended for youth.
In addition, the advertising break of a cinematographic work cannot exceed 6 minutes. 

However, diffusion of a audio-visual or cinematographic work by France Televisions, and that of a cinematographic work by the television services of cinema can be the object of no advertising break.

Which rules have to follow the games of chance diffused on television?

The law of May 21st, 1836 poses the principle of the prohibition of the lotteries since they meet the following conditions: the opening to the public, the intervention of the chance, the hope of a profit for the participants with the help of their financial participation.
With regard to the games of chance suggested on television, they are thus licit in so far as they are completely free for the participant. The telephone calls or other stamp charges must be refunded on request.
The CSA noted that the incentives to call surtaxed telephone services or services telematics, in particular in order to take part in a competition, to submit application form, to vote or testify developed with the antenna.
So that these references are compatible with the provisions of article 9 of the decree of March 27th, 1992 on clandestine publicity, the Council was addressed to the chains so that they respect the following principles:

  • the reference by the chains, apart from their advertising screens, with their services known as Audiotel and Télétel and at their website is authorized in a specific and discrete way, since this reference falls under the direct prolongation of the program in the course of diffusion.
     By “prolongation of the program” one understands the services in direct connection with the emission which returns there and which are not competitor services of comparable nature offered by third companies. The reference to the other services, which answer a commercial logic, must take seat within the advertising screens.
  • the cost of the communications must appear permanently in the screen in characters identical to those of the telephone contact or telematics, so that perfect information the televiewers is assured.  

What is what the audiodescription?

The audiodescription is a technique of description intended for the blind people or malvoyantes. It consists in not describing the visual elements of a cinematographic work or audio-visual to the public seeing or partially-sighted person to give him the essential components to the comprehension of work (decorations, characters, actions, gestural). The recorded text is fixed between the dialogues and the sound effects and is mixed with its original.
 The CSA currently studies measurements which must be taken in favour as of people badly or malvoyantes. It signed, on December 10th, 2008, the charter of the audiodescription which gives to the TV channels a framework of reference to return their programs accessible to the people suffering from visual deficiency.
 Arte, France 2, TF1 and M6 diffuse programs in audiodescription.

Consult the topic devoted to the audiodescription. 

How is it made that there are as many repeat broadcasts on television?

The choice to proceed to repeat broadcasts of programs concerns the leading freedom of the chains. However, in accordance with article 13 of the decree of July 2nd, 2010, certain chains (TF1, France 2, France 3, France 5, M6) have the obligation to at least diffuse annually 120 hours of European works or French original expression which they previously did not program, at significant hours of listening (i.e. whose diffusion starts between 8 p.m. and 21 hours). They discharge this obligation.

The case of the repeat broadcasts remains a concern of the Council which, in the interest of the televiewer, held so that conventions of the six new chains in high definition of the DVB comprise a must carry of new programs.

As from the moment when the imposed minimum is respected, nothing prohibits a chain from repeating a program since she discharged rights corresponding near the producer and having right.

The repeat broadcasts are not synonymous with bad audiences. Certain repeat broadcasts of films can even obtain very good performances of audience, comparable even higher than those of their first diffusion.

The objective of a chain being to maximize the audience for each diffused program, the repeat broadcasts are often the result of an almost strategic choice. For example, the association of a new episode with an old episode of the same series during one evening makes it possible the chains to preserve their public between the first and the second part of the evening. In the same way, the multidiffusion of certain cartoons answers well waitings of the children who appreciate to see and re-examine the episodes of the programs that they like, just like they do it with their preferred books. 

Which is the organization which takes care of the classification of the films to the cinema?

According to the code of film industry, the Minister for the Culture is charged to deliver a visa of exploitation of cinematographic work, being worth authorization of public representation on all the territory of the French Republic, except for the overseas territories.
The visa for the representation of cinematographic work can be delivered for all public or be together with a prohibition with certain categories of minors on the base of the decree n° 90-74 of February 23rd, 1990, modified on June 28th, 2002, relating to the classification of cinematographic works.
The prohibition of access of a cinematographic work can concern less than 12 years, less than 16 years, and since the decree of July 12th, 2001, less than 18 years. The films can be also classified in the category of films X for their pornographic character or of incentive to violence; they concern then a distribution system specific and an automatic prohibition to less than 18 years. The decree also envisages the possibility of the total ban, measures used for the last time in 1981. 
The visa of exploitation is delivered by the Minister for the Culture only after opinion of the Commission of classification of cinematographic works of the National centre of the cinema and the animated image whose statute, composition and role were fixed by the decree of the modified February 23rd, 1990.
The Commission is made up of twenty-five regular members and fifty temporary members divided into four colleges which represent the ministers in charge for justice, state education, the social affairs and youth and the administrations in charge of the protection of youth. The professionals of the cinema are also represented, the civil society, personalities qualified in the field of child protection and the youth and the representatives of the young ages from 18 to 25 years. Any opinion tending to a decision comprising a restriction on the exploitation of cinematographic work can be given only in plenary assembly, by a secret ballot. The debates of the commission are not public. The Members of the Commission are held with the professional secrecy and can make, in some form that it is, no report of deliberated on the commission.
The opinions relate to all the cinematographic works intended for an exit into the room, including the trailers. Each measurement can be accompanied with a warning intended for the information of the spectator, on the contents of work or of its characteristics. 

The criteria on which the Commission of classification is based grant a place determining to the violence which constitutes a constant concern for the Commission, so much in the various forms in which it appears than in the manner of putting it in scene. Certain elements can determine an opinion of classification, in particular when the scene is impressed of voyeurism or when they are intense and traumatizing repeated scenes.
The tools for classification are however sometimes of a delicate handling and can appear in shift with real maturation children and teenagers whose complex evolution strongly depends on social environment, cultural and geographical in which they evolve. 
It is interesting to note that for the same film, the decisions of classification are extremely varied from a country with another, in particular because of different designs on which the criteria of classification rest. Certain European countries can attach significance to the crudeness of the language employed in the film, with the values morals or social on which are built the scenario and will adopt a suitable classification. 
By way of an example, a film as American Beauty was the object of a prohibition in room with less than 16 years in the Netherlands, with less than 12 years in Germany, with less than 13 years in Quebec, with less than 18 years in Great Britain, with minors the 17 year old not accompanied in the United States, while in France it obtained a visa all public. The film of Stanley Kubrick entitled Eyes Wide Shut was authorized all public in France whereas in the United States, it was interdict with less than 17 years not accompanied, with less than 13 years in Quebec, with less than 18 years in Great Britain and with less than 16 years in the Netherlands and in Germany. More recently, the Gladiator films and It is necessary to save the soldier Ryan were classified in France all public, but accompanied by a warning, whereas in the other European countries, they were the object of a prohibition to less than 16 years, and even to less than 13 years in Quebec. A reflection is today in hand at the European level in order to harmonize the criteria of classification of cinematographic works.
The films are, according to their classification, subjected to restrictions of diffusion on television. For example, the films prohibited with less than 12 years must be matched has minimum from a descriptive -12 when they are diffused on television. They cannot be diffused Wednesday before 20:30 on the chains cinema and 10 p.m. on the chains other than of cinema. Exceptionally, within the limit of four times a year, they can be diffused before 10 p.m., except the mardis, vendredis, samedis, days before of bank holidays and for the periods of school holidays.

It happens that the chains are confronted with a problem of classification when they diffuse old films whose visa was not revised. Certain films have a prohibition indeed with the minors, which imposes on the chains descriptive corresponding, during their diffusion, whereas very often their contents do not justify this restriction today. To cure the problem of surclassification of the old films, the CSA concluded an agreement in February 2002 with the Commission from classification of cinematographic works to proceed to the re-examination of the films whose visa has more than 20 years, within the limit of twenty films a year. The chains address their requests to the CSA which, after having viewed the films, transmits the requests being able to be the object of a new classification.

Consult the topic devoted to the Commission of classification of cinematographic works, on the site of the National centre of cinematography and the animated image.   

Why the letter P appear does in bottom on the right of the screen during the diffusion of certain televised programs?

The letter P placed in bottom on the right of the TV screen means that the diffused emission resorts to the placement of product. The placement of product is defined, according to the terms of the European directive in force, like “any form of audio-visual commercial communication consisting in including a product, a service or a brand, or referring there, while inserting it in a program, realising payment or another counterpart” (article 1st (m) of the directive 2010/13/UE).
The Council defined its methods of use as well as methods of information of the televiewer in an adopted deliberation on February 16th, 2010 (and modified by a deliberation of July 24th, 2012).

Consult the topic devoted to the placement of product.

Is the placement of product authorized in France in the television programs?

The placement of product is a form of audio-visual commercial communication consisting in including a product, a service or a brand, or referring there, while inserting these elements in a program, realising payment or another counterpart.
Transposing the European directive Services of audio-visual mediums of December 11th, 2007, the law of March 5th, 2009 relating to the audio-visual communication and the new public service of television introduced the possibility for the TV channels of resorting to the placement of product in some their programs and under certain conditions.
The CSA received competence to fix the conditions under which the programs of the chains of television can comprise placement of product. On February 16th, 2010, it adopted a deliberation on this subject, modified on certain points by a deliberation of July 24th, 2012.

On television consult the topic devoted to the placement of product.

Frequently asked questions on the placement of product and clandestine publicity

The Council is regularly solicited by television services, production companies, as well as advertising agencies or of placement of product in connection with the regulations in force, in particular on the formal requirements of the placement of product and the criteria of appreciation of the Council on the qualification of a sequence in clandestine publicity.

The Trade union of the independent producers (SPI), then the Guild of the screenwriters, the Group 25 Images and the Confederation of the audio-visual producers (CPA), seized the Council on the realization of a practical document relative to these sets of themes. They joined to their sasine a list of relative questions to situations with which the producers and the authors are confronted.

To accompany the answers to these questions, it is useful to point out the doctrines of the Council relating to clandestine publicity, as well as the provisions envisaged in the deliberation of the Council of February 16th, 2010, modified by that of July 24th, 2012, relating to the placement of product in the programs of the television services.

Recall of the rules relating to the prohibition of clandestine publicity

A publicity is described as clandestine when goods, services or brands are presented, apart from the advertising screens and this, with a “advertising aim”, i.e. with an aim not of informing, but of promoting. Thus article 9 of the decree n° 92-280 of March 27th, 1992 lays out that clandestine publicity is prohibited. (…) constitute a clandestine publicity the verbal or visual presentation of goods, services, name, brand or activities of a producer of goods or a service provider in programs, when this presentation is made with an advertising aim “. This practice is regularly sanctioned by the CSA.

The Council does not have to bring the proof that promotion was done subject to remuneration nor in an intentional way. It returns to him individually to appreciate the various practices detected on the antennas and to possibly intervene when one of those appears litigious to him taking into consideration rule pointed out above.

It has for this purpose of a beam indices, among which appear the absence of plurality in the presentation of the goods, services or brands, the kindness displayed towards such or such product, the frequency of the quotation and/or the visualization of the product or the brand, or the absence of any critical glance. Other criteria can punctually be retained.

Any reference in emissions to goods or services is thus not systematically constitutive of clandestine publicity. This qualification depends on the way in which the product, the service or the brand appear.

Let us recall finally that the Council is not qualified to prejudge conformity of an emission before its diffusion. The indications which follow are subject to the appreciation of the Council individually.

In the situations presented below, which are examples of scenes of fiction, it is considered that no contract of placement of product was concluded:


  • "In are a general way, at the time of external plans at the time of demonstrations on the public highway for example, or in a car or in public transport, the brands or products present in outside without that making the object of a contract and a commercial exchange prohibited?”

The floutage of the brands does not seem necessary in this kind of situation, insofar as the brands are only interviews and that a certain plurality is assured. That is worth so much for documentary than for a fiction, the preoccupation with a realism being prevalent in this last kind. The fact of seeing some brands at the time of external plans seems to be the strict reflection of reality. It is nevertheless necessary to specify that the visible brands and products must appear in a way short and not repeated, and that this kind of plans must be well justified by the scenario.

  • “In the same way, in documentary on the universe of the sport:

 - one follows the training of sportsmen with their equipment which reveals a certain number of logos, without that being the object of a commercial exchange;

 the Tour de France is filmed (without there being commercial exchange with the various sponsors present at this demonstration). How to treat these visualizations and quotations of brands? »

In the first case, if the brands are clearly identifiable with the screen, there exists a risk of clandestine publicity. Nevertheless, the Council is aware that it is difficult to avoid the visualization of brands on the behaviours of the sportsmen in this kind of documentary. He thus appreciates individually.

In the case of the Tour de France, the visualization of the brands is allowed on the runners, like at the time as of catches of sights of the “ caravan of the Turn ”, since it is not possible to film the course of this sports event without showing the runners equipped with the colors with their sponsors. Nevertheless, their evocation with the antenna should not be obliging and it must be the object of a pluralist presentation. Moreover, the Council remains very attentive with the contents of the made remarks which should not cover promotional aspect.

  • “In a documentary history on Coco Chanel, are the Peugeot family, the family Taittinger etc, which the rules which make it possible to consider that one is not in a situation of clandestine publicity? »

Certain reports are interested in the history of families of industrialists or artists, whose notoriety is large to the televiewers. The name of these families is often associated with that of a brand name. These reports are generally devoted to the history of these families and not to the characteristics of the products or services which are marketed by their brand. Any reference in emissions to goods or services is not excluded, since it is of a nature of information as well as a critical approach. The Council remains vigilant on the contents of this kind of report, which must be carried out under an angle informative and free from any obliging aspect. Thus, there cannot be of promotional size under penalty of constituting a clandestine publicity.

Concerning the evocation of an alcohol brand, the diffuser must be attentive with the risk to contravene the public health code. This last prohibits any publicity or propaganda in favour of alcoholic beverages on television.

  • “In documentary on the plants, one explains the impermeable properties of the sheet of lotus and the use, for example, of these properties to develop an impermeable painting whose brand is quoted and a pot of painting shown with the mention “lotus effect”. As regards documentary, there is of course no commercial exchange “.

The fact that this brand of painting is the object of such an exposure could make it identifiable by the televiewers, as well on the level of the quotation of the brand as on the level of the visualization of the product. Another problematic factor seems to be the absence of evocation of another concurrent brand. An obliging presentation of this brand of painting would be likely to constitute a clandestine publicity. The Council would be thus founded to intervene.

  • “In documentary, prisoners are filmed inside their cell, one sees appearing on the screen a pot of chicory and brands and logos of hot drinks as well as the brands of the clothing worn by the prisoners”.

In the exposed case, the floutage does not seem necessary if the logos of the brands are discrete and are not the object of a close-up. However, if the presence of brands is too marked, when well even a certain plurality would be assured, the Council would be founded to intervene on the base of clandestine publicity. For recall, if the floutage is regularly a practice used by the chains, the Council does not impose necessarily this solution.

Recall of the rules relating to the placement of product

The production of a product, a service or a brand can intervene within the framework of a placement of product. This practice is authorized since 2009 in the audio-visual cinematographic works, fictions and the vidéomusiques ones (except when they are intended to the children), under the conditions defined by the deliberation of the Council of February 16th, 2010 (modified on July 24th, 2012). The placement of product made it possible to bring more realism to works and of freedom of creation to the authors.

The situations presented below are likely to comprise a placement of product:

  • “In a fiction, the brand of a deckchair for baby appears. Does that contravene the rules concerning child protection? »

A brand of deckchair for baby can resort to the placement produced in a audio-visual fiction, except if it is about an intended program to the children. In this case, it will be necessary to take care of the compliance with the rules fixed in the deliberation of the Council relating to the placement of product.

If there is no contract of placement of product, vigilance remains concerning the risks of clandestine publicity in favour of this brand. Thus, the name of the brand and/or its logo, could appear only in a discrete, short and not repeated way.

  • “How to apprehend the question of the brands in a fiction which proceeds completely in a service station? »

This project can appear delicate to carry out. It is however possible to resort to the placement of product, by taking care to observe the conditions fixed by the deliberation of the Council which provides that the programs which comprise some do not have to be influenced so as to attack the responsibility and to the leading independence of the editor, should not incite directly with the purchase or with the hiring of the products or services of a third, cannot comprise promotional references in particular and do not have to propose the products or services placed in an unjustified way.

In the case of a placement of product in a fiction proceeding in a commercial place like a service station, it is recommended to remain particularly vigilant so that this brand is not omnipresent in work, so much on the level as of visual references than of the oral mentions.

  • “A killer in escape buys a newspaper in a kiosk. The time of a plan, one sees with the screen the one of the Parisian with the photograph of the man and the headlines “.

Such a production of this title of press, without it being put in front of unjustified way, could be acceptable within the framework of a placement of product, subject to the respect of the conditions fixed in the deliberation of the Council of the modified February 16th, 2010.

Apart from a placement of product, this scene would be if necessary likely to be described as clandestine publicity.

  • “In a fiction, in the case of a scene of spinning mill after a steering. A police officer gives a description by radio to his colleagues: “the suspect changed car, it leads from now on one Citroën of black color, registered 92 “.

The fact of replacing a name of brand by a generic designation of the product (for example “ a truck of black color ” instead of “ Citroën ”) is not an obligation, and must be appreciated individually by the director of the fiction, in order to find good balance between precaution with respect to the risk of clandestine publicity and concern of not making the scene artificial.

But it is also possible that this fiction comprises a placement of product in favour of the Citroën car manufacturer, subject to the compliance with the rules of the deliberation of the Council on the matter.

  • “A high-school pupil in love seeks to find a girl met in evening. It finally finds it on Internet and the profile Facebook of the young woman is, the time of a plan, visible with the screen “.

In the situation presented, if the wall of the Facebook page is simply recognizable, that seems acceptable in a preoccupation with a realism of the fiction and does not contravene the prohibition of clandestine publicity. On the other hand, supported visualization, during several seconds, of the page Facebook (which comprises the name of the brand and/or the characteristics which are usually associated to him such as the logo, the graphic charter of the website, etc) could be looked like constitutive of clandestine publicity.

It is also possible to resort to the placement of product.                                                      

Why does one see and on television quotes one social networks and with the radio?

The Superior council of audio-visual defined, on January 3rd, 2013, several recommendations relating to the mention of the social networks in the television programs and radio. They take account of the evolution of the practices, while ensuring compatibility with the regulation of publicity in the interest of the consumers.

Televisions and the radios integrate more and more the social networks in the design of the programs in order to enrich their antennas and to reinforce the interactivity with their public.

The Council admits the personal reference to a social network when it indicates the source of information or a testimony, as well as the reference of the public towards a social network if it is specific and discrete, is not of promotional nature and is free from incentive supported to connect itself.

On the other hand, the insertion of the name of a social network in the title of a program, and the visualization of the registered trademarks by a social network or that of the factors of images and characteristics which are usually associated for him, are contrary with the prohibition of clandestine publicity. Indeed, the social networks are brands exploited by marketing companies and cannot thus derogate from this prohibition in the actual position of the texts.

The recommendations were defined at the end of a careful thought with the professionals: TV channels and of radio, journalists, representatives of social networks.

Why do the chains so often practise the floutage?

The Council asks the chains to be vigilant on the presence of brands to the antenna, but he does not ask to blur them: it is not the visualization of a brand which is prohibited by the regulation, but its presentation with an advertising, practical aim constitutive of clandestine publicity. When the presence of brands finds its justification in the requirements of a report, with exclusively informative vocation, it is perfectly allowed and does not require to in no case the use of the floutage. On the other hand, must be proscribed very development unjustified of a product, a service or a brand.

The Council prefers that the chains differently turn a sequence in which brands could appear with the image. The use of the floutage to mask brands is thus a voluntary approach on behalf of the chains, to avoid being marked to have diffused images likely to concern clandestine publicity.

However, the placement of product from now on being authorized in the audio-visual cinematographic works, fictions and the vidéomusiques ones, of the products and their brand can, under conditions defined by the law and a deliberation of the Council, to appear in all legality in these programs.

Which is the role of the ARPP?

Article 14 of the law of the modified September 30th, 1986 entrusts to the CSA a mission of control on the object, the contents and the methods of programming of the commercial communications diffused by the services of audio-visual communication. This control is exerted, as for the rest of the programs, not before the diffusion of the commercial communications, but at the time of this diffusion.

As regards televised advertisements, the ARPP (professional Regulatory authority of publicity) carries out a control before diffusion, the Council having chosen to control them a posteriori in 1992, in accordance with the principle of liberty and of leading responsibility for the diffusers.

The ARPP, in the past Office of checking of publicity (BVP), are an association governed by the law of July 1st, 1901 , whose mission is “to conduct an action in favour of a honest, veracious and healthy publicity in the interest of the consumers, the public and the professionals of publicity”. It was created by the professionals of publicity in order to set up a structure resting on the self-discipline, was financed and accepted by them, was likely to save possible dispute to them.

This interprofessional organization gathers four categories of members: advertisers, agencies of communication, distribution supports (press, radio, television, posting, cinema, except media) and “members corresponding” (trade unions, law firms, associations, etc).

The ARPP defines ethical rules (“recommendations”) which apply to its members who, voluntarily, commit themselves respecting them. It provides to the professionals a council during the development of the advertisement and into force gives an opinion before diffusion on the conformity of the televised advertisements with the occupational rules and the existing regulation.

As regards televised advertisements, they are examined before their diffusion by the ARPP and the CSA intervenes at the time of their diffusion or after if they prove to be contrary with the laws and decrees like in and the convention schedules of conditions of the diffusers.

Televised sponsorships as well as the radiophonic advertisements and sponsorships are not the object of a systematic prior examination to their diffusion by the ARPP.

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.

Can messages of comparative advertising be diffused on television?

Televiewers are regularly astonished to see with the antenna of the advertisements comparing the products of a brand with those of a concurrent brand.

The comparative advertising was authorized by the law of January 18th, 1992 relating to the consumer protection, but very strict condition which obliged in particular the advertiser to submit to its competitor its project of publicity, which a long time limited the attraction of this form of communication: until recently, the comparative advertising was not very present at the antenna, fault of advertisers wishing to risk itself there, in fear of see itself trailed in justice by their indicated competitors.

The legislation resulting from the law of January 18th, 1992 was softened by an ordinance of August 23rd, 2001, transposing in French right the Community directive of October 6th, 1997 relating to the comparative advertising. The provisions in force appear in the articles L. 121-8 with L. 121-14 of the Code of consumption.
The comparative advertising is defined there as “any publicity which puts in comparison with goods or services while identifying, implicitly or explicitly, a competitor or goods or services offered by a competitor”.

To be licit, it must answer a certain number of criteria. The message:

  • does not have to be misleading or likely to induce in error: if a campaign is founded on elements which are not veracious or which is likely to induce the consumers in error, the provisions of the article L. 121-1 of the Code of consumption make it possible to sanction the advertiser;
  • must relate to goods or services which meet the same needs or have the same objective; the former regulation authorized the comparison only between goods or services of comparable nature, concept much more restrictive; different products and services but tending to the same goal can from now on be the object of a comparison;
  • must objectively compare one or more characteristics essential, relevant, verifiable and representative of these goods or these services, of which the price can be part.

The comparative advertising should unduly benefit from the notoriety attached to a brand, neither to involve the discredit or the denigration of the brands of a competitor, neither to generate confusion between the advertiser and a competitor, nor to present goods or services like an imitation or a reproduction of a good or a service profiting from a protected brand. It is not authorized, if the product profits from a designation of origin or a protected geographical ascription, that between products profiting from the same name or indication.
On the other hand, the obligation to inform the competitor does not exist any more. 
In spite of these easings, the legal constraints which weigh on the comparative advertising are still strong with the eyes of the advertisers which consider that this form of publicity is source of dispute.
The CSA is not qualified to sanction the ignorance, by the advertisers, of the articles L. 121-8 with L. 121-14 of the Code of consumption. If however it estimated that these provisions were ignored, it could, on the base of article 6 of the decree n° 92-280 of March 27th, 1992 which prohibits the messages comprising of the false allegations or likely to induce in error the consumers, to require editors of services that they déprogramment the litigious publicity campaign. 

Consult the decree of March 27th, 1992 on publicity, sponsorship etle armchair shopping.