Translation with SYSTRAN Links

The definition of the services depending from the audio-visual communication

The definition of the audio-visual communication thus rests, partly, on the enumeration of the services which compose it. Indeed, it gathers the services of radio, the television services and the services of audio-visual mediums to the request. In addition, contents which would not be likely to be looked as being radio or television and which would not online concern the communication to the public are also attached to the audio-visual communication. It would be for example the case of an electronic guide of programs, composed of fixed contents which would be put at the disposal of public without the televiewer being able to choose the moment when it proceeds to the watching of these programs.

The law gives a definition of what are the services of radio, television and audio-visual Services of media to request (SMAD). Television is thus defined as “ any department of communication in the public by electronic way intended to be received simultaneously by the whole of the public, or a category of public and whose main program is composed of an ordered succession of emissions comprising of the images and the sounds. ». The radio is defined like “ any department of communication with the public by electronic way intended to be received simultaneously by the whole of the public, or a category of public and whose main program is composed of an ordered succession of emissions comprising of the sounds. ”. To be qualified of television or radio, the service which is put at the disposal of public must be made up of a program timetable structured which is viewed or heard in a simultaneous way by the televiewers and not at the time chosen by the latter. This definition is valid whatever the communication network electronic where the service is present and this, in the name of the technological principle of neutrality. Thus, a service which would be present only on Internet must be looked like belonging on television or with the radio if its characteristics correspond to the definition of this service which appears in article 2 of the law of September 30th, 1986.

The need, to be in the presence of a TV channel, to have a structured program timetable, amounts for example excluding from the family of television certain services, like the “Web cameras”. Indeed, in this case, there is no leading intervention since the camera is restricted to collect images to put them at the disposal of public.

In the same way, a website made up of still images or videos which can be viewed with the request by the public cannot be looked like belonging on television, even with the audio-visual communication. It is the transmission of contents on individual request and the service concerns the communication to the public then online.