Translation with SYSTRAN Links

The sport on television

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.

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.
 

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".