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Obligations applicable to the editors of SMAD

Obligations as regards commercial communications

The commercial communications on the services of audio-visual mediums to the request are controls by the provisions of the decree n° 2010-1379 of November 12th, 2010.

Articles 14 to 18 of the decree extend to the SMAD certain rules of the decree of March 27th, 1992 applicable to the TV commercial, televised sponsorship and armchair shopping, and in particular:

  • the requirement of veracity, decency and respect of, the credit human dignity of the State;
  • the non-discrimination because of the race, of the sex or nationality, the absence of any scene of violence and any incentive to behaviors prejudicial with health, the security of the people and goods or with environmental protection;
  • the absence of any element likely to shock the religious convictions, philosophical or policies of the televiewers;
  • the respect of the interests of the consumers;
  • the prohibition of the allegations, indications or presentations false or likely to induce in error the consumers;
  • the absence of moral wrong or physical to the minors;
  • the prohibition of clandestine publicity, the subliminal techniques; the prohibition of the recourse to people regularly presenting the tv news and the news magazines;
  • use of the French language;
  • the prohibition of the interruption of the tv news, of the news magazines, the religious emissions and the emissions for children of which the duration is lower than thirty minutes and the prohibition of the interruption of the religious services.

Special rules with sponsorship on the services of audio-visual mediums to the request

As regards sponsorship, the decree of November 12th, 2010 poses a certain number of rules on the services of audio-visual mediums to the request:

  • It is defined as being “ very contribution of a company or a public or deprived legal person or a natural person, not carrying on activities of edition of television services or audio-visual mediums with the request or of production of audio-visual works, with the financing of services of audio-visual mediums to the request or programs, with an aim of promoting its name, its brand, its image, its activities or its products” .
  • the contents of the sponsored emissions cannot, to in no case, be influenced by the godfather under conditions likely to attack the responsibility and to the leading independence of the editor of the service;
  • the sponsored programs should not encourage directly with the purchase or the lease of products or services, in particular by making promotional references specific to these products or services;
  • sponsorship must be clearly identified as such by the name, the logo or another symbol of the godfather, for example by means of a reference to its products or services or of a characteristic, in a way adapted to the program at the beginning, the end or during this one.

Certain provisions framing sponsorship of the television programs are also extended to the services of audio-visual mediums to the request:

  • the programs cannot be sponsored by companies which have as a principal activity the manufacturing or the sale of alcoholic beverages or products of the tobacco;
  • the companies which have in particular as an activity the manufacturing or the sale of drugs or the supply of medical care can sponsor programs only to promote their name or their image;
  • the tv news and the programs of political information cannot be sponsored.

Special rules with armchair shopping on the services of audio-visual mediums to the request

As regards armchair shopping, the decree of November 12th, 2010 extends to the services of audio-visual mediums to the request certain rules posed by the decree March 27th, 1992:

  • the emissions of armchair shopping are clearly announced like such;
  • the presentation of the goods or services offered to the sale must be conceived in the respect of the interests of the consumers and does not have to comprise false allegations or indications or likely to induce the public in error. The conditions of order should not comprise any ambiguity as for the outstanding commitments;
  • the emissions of armchair shopping do not utilize of sixteen year old minors.

See also:

Commercial communications on television

Commercial communications with the radio

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