Deliberation of December 20th, 2011 relating to the protection of the young public, the deontology and the accessibility of the programs on the services of audio-visual mediums to the request
The Superior council of the audio-visual one,
Considering the directive 2010/13/UE of the European Parliament and the Council of March 10th, 2010 aiming to the coordination of certain legislative measures, lawful and administrative of the States members relating to the supply of services of audio-visual mediums, in particular its article 12;
Considering the directive 98/34/CE of the European Parliament and the Council of June 22nd, 1998 envisaging a procedure of information in the field of the standards and technical regulations and the rules relating to the services of the information society, modified by the directive 98/48/CE of July 20th, 1998;
Considering the law n°86-1067 of the modified September 30th, 1986 relating to the freedom of communication, in particular its articles 1st, 3-1 and 15;
After having deliberated on it,
Article 12 of the directive 2010/13/UE of the European Parliament and the Council of March 10th, 2010, known as directing “Services of audio-visual mediums”, the implementation of appropriate measures imposes so that “services of audio-visual mediums to the request (…) who could harm physical blooming seriously, mental or moral of the minors are not put at the disposal of public that under conditions such as the minors cannot normally hear or see these services of audio-visual mediums to the request. »
In accordance with the provisions of the articles 1st, 3-1 and 15 of the law of September 30th, 1986 relating to the freedom of communication, the Superior council of audio-visual is in particular in charge of guaranteeing this freedom within the limits required by the safeguard of the public order, the respect of human dignity, the fight against discriminations and child protection and of adolescence on the whole of the departments of communication audio-visual, which understand the services of audio-visual mediums to request (SMAD).
The law charges the Council with protecting the young public from the programs likely to harm its physical, mental or moral blooming. In particular, its article 15 forces to him to take care of the implementation of any means adapted to the nature of the services of audio-visual mediums to the request.
The development of a mode of consumption offering to the televiewers a great freedom of choice increases the potential exposure of the young public to the contents likely to run up against the sensitivity of this one. Thus the Council it is led to enact rules specific for the services of audio-visual mediums to the request.
The Council will take care that the services which fall within the competence of France are subjected to its regulation, so as to ensure a fair competition between the various services for the benefit of televiewers.
I. – FIELD OF APPLICATION
The present deliberation is applicable to the services of audio-visual mediums to the request defined in article 2 of the law of September 30th, 1986, drawn up in France according to the criteria envisaged in articles 43-3 and 43-5 of this law, or considered been subject to the rules applicable to the services established in France under the terms of article 43-10.
Its provisions also apply to the distributors of services established in France which put at the disposal of public one of the services of audio-visual mediums at the request mentioned at the previous subparagraph. Are regarded as distributors, pursuant to article 2-1 of the law of September 30th, 1986, the people who establish contractual relations with editors or other distributors of services in order to constitute a service offering of audio-visual communication put at the disposal of public by a communication network electronic.
II. – CHILD PROTECTION AND OF ADOLESCENCE
The programs are classified according to five degrees of acceptability to the glance of the requirement of child protection and adolescence:
- category I (no descriptive): programs addressing itself to all the public ones;
- category II (round pictogram of white color with incrustation -10 in black): programs comprising certain scenes likely to run up against the 10 year old minors;
- category III (round pictogram of white color with incrustation -12 in black): cinematographic works prohibited with the minors of 12 years, and programs being able to disturb the 12 year old minors, in particular when they resort in a way systematic and repeated to physical violence or psychological;
- category IV (round pictogram of white color with incrustation -16 in black): cinematographic works prohibited with the minors of 16 years, and programs in erotic matter or of great violence likely to harm physical, mental or moral blooming of minors the 16 year old;
- category V (round pictogram of white color with incrustation -18 in black): cinematographic works prohibited with the minors of 18 years, and pornographic programs or of very great violence booked to an informed adult public and likely to harm physical, mental or moral blooming of minors the 18 year old.
A. – Classification of the programs
The editor implements the classification of the programs mentioned above. It applies the descriptive corresponding one according to the methods defined in B.
The classification allotted to cinematographic works for a projection in rooms can be used as indication for a provision on the services of audio-visual mediums with the request. It however belongs to the editor to check that it can be transposed without damage for this provision and, if necessary, to reinforce it.
These provisions do not exonerate the editor of the respect of the provisions of the decree n°90-174 of February 23rd, 1990 relating to the classification of cinematographic works.
The Council supports coordination between the editors in order to harmonize the classifications affixed on the programs which they put at the disposal of public on the services of audio-visual mediums at the request, in order to make profit the unit from the televiewers of an equivalent level of protection and information, necessary to the enlightened exercise of their freedom of choice.
B. – Descriptive
The descriptive one understands the pictogram mentioned above, the mention “disadvised at less… years” or, if necessary, the mention accompanying the visa by exploitation of cinematographic work during its attribution by the minister in charge of the culture.
The pictogram must be made available of the public to each mention of the program, in particular on the images and the descriptions of the catalogue, like in the extracts and advertisements. The descriptive one appears in the trailers.
At the time of the watching of the program, the descriptive one is also present according to the following methods, with the choice of the editor:
- is the pictogram is present before the beginning of the program, throughout one five second minimum duration, on the whole of the screen of watching (1), accompanied by the written mention “disadvised at less… years” or, if necessary, mention accompanying the visa by exploitation of cinematographic work during its attribution by the minister in charge of the culture;
- is the pictogram is present throughout all program, bellow on the right on the screen of watching. The above mentioned mentions accompany the pictogram at the beginning by the program throughout one minute minimum duration.
The elements constituting the descriptive one are presented in a readable way.
C. – Conditions of provision of the programs of category I to IV
The editor of a service of audio-visual mediums to the request which proposes in particular public programs “all”, arranges in its catalogue a “space of confidence” which offers to the family and to the young public a unit only made up of public programs “all”, free from extracts, trailers of programs and advertisements for contents or services being the object of restrictions on the minors.
The editor abstains from promoting in an excessive way the programs which are not adapted to the sensitivity of all the public ones.
The images, descriptions, extracts, trailers and advertisements of the programs of category I to IV should not run up against the sensitivity of the young public.
When they are not put at the disposal of public on a purely paying basis, the programs of category IV are accessible only enters 22 hours 30 and 5 hours of the morning.
The Council encourages the editors and distributors of services of audio-visual mediums to the request to promote the technical devices allowing to restrict the access of the minors the programs according to their age and of the classification of the programs.
D. – Conditions of provision of the programs of category V
The programs of category V are exclusively marketed within the framework of paying offers, by subscription or with the act.
The offers comprising of the programs of category V are not made under commercial conditions more advantageous than the offers not comprising these programs.
2. Organization of the service
The programs of category V are isolated in a reserved space, as well as the images, descriptions, extracts, trailers and advertisements for these programs.
3. Access to the programs
The homepage of reserved space to the programs of category V comprises a warning addressed to the user. It mentions descriptive programs suggested. He points out the harmfulness of these programs for the minors and the penal sanctions to which any person exposes itself who would allow minors to see or to hear such programs (article 227-22 of the penal code).
Notwithstanding the B of article II, the descriptive one can be only displayed on the homepage of reserved space.
4. Technical measures of locking
a) Reserved space with the programs of category V permanently is the object of a specific, active locking as of the first use of the service.
b) This locking is consisted a personal code including at least four digits (except for a succession of zeros), nonvisible with the screen, and is blocked after five unfruitful attempts.
c) As from the coming into effect of these provisions, any user of a service of audio-visual mediums to the request must, to reach the programs of category V, to use this personal code and to have configured it according to the following methods:
– when the user is an subscriber (2), it must go within the space of management of its subscription, accessible thanks to a code from management. When he is not an subscriber (3), he must inform a login of payment (for example, coordinated bank card, electronic login of payment);
– the user declares on the honor major being, then creates his personal code. A message appears then with the screen to announce to him the sending of information confirming the creation of the personal code;
– a message is sent to the user by a suitable means (email, mail, SMS, phone call etc) (4) assure him the configuration of the personal code. This message informs it in a precise way of the utility and operation of the locking mechanism.
As long as the personal code was not configured by the user, the access to the programs of category V should not be possible.
d) The personal code is exclusively affected with the access to the programs of category V. It can be the same one as that which is implemented by the distributors within the framework of the obligation envisaged at the B of II of the recommendation n° 2004-7 of December 15th, 2004 and the recommendation n° 2005-6 of the applicable July 26th, 2005 in the communities of overseas, subject to the respect of the procedure described with c).
e) The access to the programs of category V must be locked again with each attempt at access to reserved space with these programs.
f) The user cannot disable the system of locking.
5. Information of the users
The editor and the comprising distributor of services of audio-visual mediums to the request of the programs of category V make available of the users the existence and the operation of the locking mechanism in their various vectors of communication. This information is available permanently, and its utility is regularly pointed out.
6. Choice of the user not to receive programs of category V
The Council incites the editors and distributors of services of audio-visual mediums to the request proposing of the programs of category V to develop technical devices allowing the user to choose constantly not to receive these contents.
E. – Sensitizing with the safety device of the young public
An annual campaign of information and public awareness campaign on the device of child protection and adolescence is diffused on the services of audio-visual mediums to the request according to methods laid down by the Superior council of the audio-visual one.
III. – DEONTOLOGY OF THE PROGRAMS
In the respect of the constitutional principles of freedom of expression and communication and leading freedom, the editor of a service of audio-visual mediums to the request takes care of the respect of the principles stated hereafter.
For the application of the whole of these provisions, the Superior council of audio-visual takes account like the program in his appreciation.
A. – Human dignity
The programs put at the disposal of public on the services of audio-visual mediums at the request should not attack the human dignity such as it is defined by the law and jurisprudence. It cannot be derogated from this principle by particular conventions, even if an assent is expressed by the interested person.
It is in particular interdict to put at the disposal of public of the programs which are devoted to the representation of violences or sexual perversions, degrading for the person human or leading to her depreciation. It is the same of the programs in pornographic matter putting in scene minor people as well as programs of extreme violence or free violence.
In the programs, in particular of game and entertainment, implying quasi permanent collecting and over one long life of the facts, the gestures and the remarks of isolated people, the principle of the respect of the human dignity requires, in spite of the assent expressed by the participants, that the latter have daily phases of one significant duration respite which causes no sound or visual collecting, and, in a permanent way, a place where they are not subjected to the observation of the public. Safety reasons can justify a permanent follow-up of the participants by the company of production, but without setting at the disposal of public of the corresponding recordings. The participants in these programs must be clearly informed of the whole of these measurements.
In these programs, the spirit of exclusion should not be put forward excessive manner.
B. – Safeguard of the public order
The services of audio-visual mediums to the request must respect the public order.
The programs put at the disposal of public should not encourage with practices or dangerous, delinquent or unpatriotique behaviors.
C. – Fight against discriminations
The programs put at the disposal of public on the services of audio-visual mediums at the request should not comprise any incentive with hatred or the violence with regard to a person or of a group of people because of their origin, their membership or their not-membership of an ethnos group, a nation, a race or a given religion or because of their sex, their sexual orientation or their handicap, in accordance with the legal tendencies relating to freedom of the press.
D. – Honesty of the programs
The requirement for honesty applies to the whole of the programs put at the disposal of public to the services of audio-visual mediums at the request. The editor checks the cogency and the sources of information. As far as possible, it indicates the origin and presents dubious information of it to the conditional one.
E. – Respect of the rights of the person
The editor takes care of the respect of the civil and penal provisions relating to the rights of the person, in particular relating to the respect of the presumption of innocence, the secrecy of the private life, the right to the image, the honor and the reputation of the people, as well as the obligation to guarantee, in certain cases, the anonymity of the minors.
IV. – ACCESSIBILITY OF THE PROGRAMS TO THE PEOPLE SUFFERING FROM VISUAL OR AUDITIVE DEFICIENCIES
Article 7 of the directive of March 10th, 2010 encourages the development of the accessibility of the services of audio-visual mediums to the people suffering from visual or auditive deficiencies.
The Council recommends to the editors and distributors of services to make the programs accessible to the deaf, deaf, blind people or malvoyantes.
V. – PROVISIONS SPECIFIC TO THE DEPARTMENTS AND COMMUNITIES OF OVERSEAS
The editors and distributors of services of audio-visual mediums to the request take care that the provision of the programmes of category IV in the departments and the communities of overseas observes the conditions of schedules defined in C of II of this deliberation.
VI. – VARIOUS, TRANSITORY AND FINAL PROVISIONS
The present deliberation was adopted in accordance with the directive 98/34/CE of the European Parliament and the Council of June 22nd, 1998, and with the notification n° 2011/458/F of September 6th, 2011.
It repeals and replaces the deliberation n° 2010-57 of December 14th, 2010 relating to the protection of the young public, the deontology and the accessibility of the programs on the services of audio-visual mediums to the request, modified by the deliberation n° 2011-30 of July 12th, 2011.
The provisions of D of II come into effect six months after the publication of this deliberation.
A reflection on the application of this deliberation will be carried out by the Council between on January 1st and on June 30th, 2013, in particular with the glance as of measurements aiming at protecting the public young people on the various media, including on the Internet.
The present deliberation is applicable on the whole of the territory of the Republic.
It will be published in the Journal officiel de la République française .
Fact in Paris, on December 20th, 2011
For the Superior council of the audio-visual one:
(1) The screen of watching is consisted the screen itself or the part of the screen in which the program appears.
(2) The subscribed user gets along of the titular person of the subscription with a SMAD or a broader offer of a distributor of electronic departments of communication including a SMAD with the act or by subscription.
(3) The user not subscribed gets along of the person using a SMAD with the act not included in a broader offer of a distributor of electronic departments of communication.
(4) When postal, electronic or telephone contact was provided by the user prior to the configuration of the personal code (in particular at the time of the subscription to a broader offer of a distributor of electronic departments of communication), the distributor uses one of this contact in order to guarantee that the personal code is configured by the holder of the subscription.