Translation with SYSTRAN Links

Game shows

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.

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.

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.

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.