Seized for opinion by the Government, pursuant to article 9 of the law n° 86-1067 of September 30th, 1986 relating to the freedom of communication, two articles of one relative bill to the equality between the women and the men, the Superior council of audio-visual, joined together in plenary assembly on June 4th, 2013, emits the following opinion.
I. - general Observations
The Council recalls its attachment to the constitutional principles of equality between the men and the women and of equal access of the women and the men to the electoral mandates and elective functions, like with the professional and social responsibilities, this last having been recalled recently by the Council of State in a decision of May 7th, 2013 (Parliament, n° 362280).
He considers that the progression of the women's rights calls a mobilization of the whole of the actors of the company so that the equality between the women and the men is registered like a priority in all the sectors.
The audio-visual mediums, because they contribute to form the spirits, play a determining role for the progression of these rights. The problems of the women's rights applied to the media must at the same time take into account their representation with the antenna but also their place in this specific sector of economic activity.
As an independent authority, the Council must itself incarnate the exemplariness of the State in the field of the parity in order to give itself means of changing the way of working out the public policies. He greets the approach of the legislator to make this parity effective within the authorities of regulation, parity which also corresponds to a better balance and a better representativeness of the college as recommended by the report (n° 2925) of October 28th, 2010 of the committee of evaluation and control of the public policies of the National Assembly on the independent administrative authorities.
II. - Observations on the specific provisions subjected to the opinion of the Council
Provisions concerning competences of the Council
As regards the introduction of a third subparagraph to article 3-1 of the law of September 30th, 1986 which defines the role and the missions of the Council, this last approves of it the drafting suggested which confers to him an explicit competence concerning the women's rights thus reinforcing her field of intervention with regard to any failure to these rights. It raises the will of the legislator to entrust a supervisory power to him on the right representation of the women on the antennas of the departments of communication audio-visual and their image.
It notes that the respect of the provisions introduced by the law n° 2010-769 of July 9th, 2010 relating to the violences made to the women is from now on in the middle of its missions. The Council wishes however that the fight against the stereotypes be initially marked in the drafting of the article because it constitutes the first stage in the gradation of the terms.
In addition, the Council considers it regrettable that the project did not introduce with the fourth subparagraph of this same article a provision enabling him to also engage a dialogue with the editors relating to their own structure so that they reconcile their development objectives with that of the protection of the women's rights.
As regards programs suggested with the antenna, the Council subscribes to the introduction of a new article 20-5 into the law of September 30th, 1986. He emphasizes the need to imply the editors in a positive leading approach of contribution to the fight against the prejudices sexists and the violences made to the women and will engage on this point a dialogue with the editors as for the fixing of the conditions for application of this article. The Council raises however that this provision would have, to guarantee an equal treatment, to also include the radiophonic editors.
The project modifies article 43-11 of the law of September 30th, 1986 on the missions of the companies of the public sector by providing, on the one hand, that words: “the prejudices sexists” are replaced by: “women's rights. They in particular stick to promote the equality between the women and the men and to fight against the prejudices sexists “and, in addition, by removing the words: “and of the equality enters the men and the women”. The Council notes that the legislator thus intends to reinforce the contribution of the public service by his actions to the progression of the women's rights in all his components. The Council will remain, for its part, very attentive so that the public service fully plays its part of referent of the audio-visual sector on this question and makes an objective of first rank of it.
Provisions concerning measurements aiming at instituting the parity within the independent administrative authorities
The Council wonders about the recourse to the ordinances to institute the parity within the independent administrative authorities. He stresses the importance of a parliamentary debate concerning the modes of nominations within these authorities.
The Council approves the progress which the institution of the parity constitutes, or, failing this, the fixing of a minimal threshold of 40% people of each sex, within the colleges of the independent administrative authorities. In the absence of being able to reach during each designation of new members the parity or this minimal threshold, the Council considers that each designation will have itself to contribute to enforce the parity or this minimal threshold within the college made up.
These opinion will be published in the Journal officiel de la République française.
Fact in Paris, on June 4th, 2013.