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Legal framework

Directive SMA

European directive “SMA” attempts to establish a framework modernized for the whole of the audio-visual contents, based on a new definition of the services of audio-visual mediums, independently of technology and platform of distribution and diffusion. According to this definition, a service of audio-visual mediums must be heard like a concerning service leading responsibility for a service provider of media, having for main object the supply of programs with an aim of informing, of diverting or of educating the general public and placed at the disposal via electronic communication networks.

Within the category of the services of audio-visual mediums, the directive distinguishes two subcategories:

  • “linear services”, delivered for the simultaneous watching of programs on the basis of program timetable;
  • “nonlinear services”, for the watching of programs at the time chosen by the user and on individual request on the basis of catalogue of programs selected by the service provider of media: this definition includes in particular the video services with the request.

The whole of the audio-visual services is thus fixed with a base of common rules relating to:

  • identification of the service providers of audio-visual mediums responsible for the contents in order to ensure a better protection of the users;
  • the prohibition of the incentive to hatred;
  • standards as regards commercial communications;
  • the legal framing of the placement of product;
  • the chronology of the media;
  • the taking into account of the political objective of a better access of the handicapped people to the services of audio-visual mediums.

The obligations of promotion of European works and protection of the minors against the contents being able to harm their blooming apply to the SMAD, with installations which are essential.

The law of March 5th, 2009 MODIFIEE BY the LAW OF November 15th, 2013

The French legal framework of regulation of the SMAD is defined by the law of March 5th, 2009 modified by the law of November 15th, 2013, amending the law of September 30th, 1986 relating to the freedom of communication. It must support the deployment of the new services and in particular the rise of the television of correction.

The law of March 5th, 2009 modified by the law of November 15th, 2013, subjects the SMAD to particular formalities, the declaratory mode. The other services of audio-visual mediums to the request as the video on demand by download could be authorized on digital terrestrial television only after one procedure of call for candidate, on a radioelectric resource identified by the Council. It authorizes the diffusion of the television of correction of a television service diffused by terrestrial hertzian way (DVB), without call for candidate.

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