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Communication of the CSA on the method of checking of the respect by the radios of the obligations of diffusion of songs of French expression such that they rise from the provisions introduced by the law of July 7th, 2016

Publication date: Friday, November 25, 2016
Plenary assembly of November 23rd, 2016

Communication of the Superior council of audio-visual of November 23rd, 2016 on the method of checking, pursuant to the last subparagraph of the 2° (a) of article 28 of the law of September 30th, 1986, of the respect by the editors of services of radio of the must carries of songs of French expression such that they rise from the provisions introduced by the law of July 7th, 2016 relating to freedom of creation, architecture and the heritage

The law n° 2016-925 of July 7th, 2016 relating to the freedom of creation, architecture and the heritage supplemented by three new subparagraphs the provisions relating to the diffusion of songs of French expression by the private radios of the 2°bis of article 28 of the law of September 30th, 1986 relating to the freedom of the communication.

  • Initially, the law founds a new derogatory mode for the radios specialized in the musical discovery.
  • In second place, the radios can, under certain conditions and on the other hand of quantified substantial commitments, to profit from a reduction in the minimal proportion of French-speaking titles. The Superior council of audio-visual separately publishes a public consultation preliminary to the adoption of a deliberation laying down the details of implementation of this reduction.
  • In third place, the law provides that for the respect of the commitments of quotas of song of French expression, the Council does not take into account the diffusions of the ten most programmed French-speaking titles when they exceed a threshold of 50% of the totality of the French-speaking diffusions of titles: “ On the assumption that more half of the total of the diffusions of musical works of expression French or interpreted in a regional language of use in France concentrate on the ten musical works of expression French or interpreted in a regional language of use in France the most programmed by a service, the diffusions intervening beyond this threshold or not intervening at hours of significant listening are not taken into account for the respect of the proportions fixed by convention for the application of the present 2° (a); »

The Council specifies by the present communication the method which it implements for the application of the relative tendencies to not taken into account, for the respect of the commitments of quotas of song of French expression, of the diffusions of the ten most programmed French-speaking titles, when they exceed a threshold of 50% of the totality of the French-speaking diffusions of titles (mechanism known as of the “malus”).

In the continuation of this communication, one understands by “songs of French expression” or “French-speaking songs” the musical works of expression French or interpreted in a regional language of use in France, according to the terms of article 28 of the law of September 30th, 1986 relating to the freedom of modified communication.

It will be pointed out as a preliminary that:

  • the services of radios entering the field of application of the provisions of article 28 of the law of September 30th, 1986 subscribe at the same time a minimal commitment of diffusion of songs of French expression and a bearing commitment on the diffusion of songs of French expression emanating, according to the mode chosen, either of new talents, or of new productions, or of new talents or new productions. However, the radios specialized in the musical discovery subscribe only one commitment which carries only on the proportion of diffused titles emanating from new French-speaking or qualified talents new productions;
  • the respect of the commitments of quota of songs of French expression is appreciated by the Council within sight of the report enters, on the one hand, the number of diffusions of songs of French expression diffused at the hours of significant listening during a month given (numerator), and on the other hand, the total of diffusions of songs at the hours of significant listening during the same month (denominator). This report results in a result expressed as a percentage, which must be compared to the commitment outstanding by the service;
  • the respect of the commitments of quotas either of new talents, or of new productions, or of new talents or new productions, is appreciated by the Council within sight of the report enters, on the one hand, the number of diffusions of songs of French expression diffused at the hours of significant listening emanating, according to the mode chosen, or of new talents, or of new productions, or of new talents or new productions during a month given (numerator), and on the other hand, the total of diffusions of songs at the hours of significant listening during the same month (denominator). This report results in a result expressed as a percentage, which must be compared to the commitment outstanding by the service.

The two points of the method adopted by the Council are the following.

1. Field of application of the device of the “malus” 

The “malus” applies at the same time:

  • with the respect of the commitments of total quota of song of French expression;
  • and with the respect of the outstanding commitments, according to the mode chosen, as regards songs of French expression emanating either from new talents, or of new productions, or of new talents or new productions.

2. Methods of calculation of the “malus”

To check the respect of the quotas, the Council does not take into account the diffusions of the ten French-speaking titles intervening beyond 50% of the total of the diffused French-speaking titles. These diffusions are consequently withdrawn from the sub-total of the diffusions of the French-speaking titles, i.e. numerator.

For calculation amongst diffusions not to be taken into account when the number of diffusions of the 10 most programmed French-speaking titles exceeds half amongst diffusions of the French-speaking titles, the half amongst diffusions of the French-speaking titles is round with the lower entirety. In other words, the diffusion which makes pass beyond the threshold of half is not taken into account.

Example 1: application to the total quota

  •  A radio diffuses during a month given 5,000 noninstrumental, French-speaking titles or not, including 1,800 French-speaking titles. Within these 1,800 titles, the ten most programmed titles add up 1,000 diffusions.
  • Before taking into account of the new provisions, the French-speaking rate of diffused songs was established with 1.800/5 000= 36%. 
  • The office plurality of the diffusions of the ten most programmed French-speaking titles (1 000 diffusions) is higher than the threshold of 50% of the total of diffusions of songs of French expression, that is to say 900 (1 800/2). 100 diffusions (1 000 - 900) intervene beyond the threshold of 50%.
  • Consequently, 100 diffusions of the 10 most programmed French-speaking titles are not taken into account to appreciate the respect of the commitment of diffusion of French-speaking songs of the radio. They are withdrawn total of diffusions of songs of French expression.
  • The rate is established consequently with (1 800-100)/5,000 = 1,700/5,000 is 34%. It must then be compared to rate subscribed by the radio within the framework of its commitment on the diffusion of songs of French expression. 

Example 2: application to the “under-quota” (either of new talents, or of new productions, or of new talents or new productions)

  • The radio of the previous example subscribed a bearing commitment on the diffusion of songs of French expression emanating from new talents.
  • By continuing the previous example, among the 1,800 French-speaking diffusions of title, the titles interpreters by new talents add up 1,300 diffusions. Among the diffusions of the 10 most programmed French-speaking titles (which represent 1,000 diffusions), 930 diffusions emanate from new talents.
  • Before taking into account of the new provisions, the French-speaking rate of songs diffused and interpreted by a new talent was established to 1,300/5,000 = 26%. 
  • The office plurality of the diffusions of the titles interpreters by a new talent within the ten most programmed French-speaking titles (930 diffusions) is higher than the threshold of 50% of the total of diffusions of songs of French expression, that is to say 900 (1 800/2). 30 diffusions (930 -900) intervene beyond the threshold of 50%.
  • Consequently, 30 diffusions are not taken into account to appreciate the respect of the commitment of the radio of diffusion of French-speaking songs emanating from new talents. They are withdrawn total of diffusions of songs of French expression from the numerator. 
  • The rate of new talents is established consequently with (1 300-30)/5,000 = 1,270/5,000 is 25,4%. This rate must then be compared to rate subscribed by the radio.

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Key dates

  • February 1st, 1994 - Vote, by the National Assembly, of the amendment presented by the senator Pelchat

  • August 1st, 2000 - Adoption, by the National Assembly, of two derogatory provisions to the law of February 1st, 1994