Translation with SYSTRAN Links

Deliberation n° 2014-43 of October 1st, 2014 relating to the terms of dissemination of briefs extracted from sporting events and events other than sporting of a great interest for the public

Publication date: Thursday, October 30, 2014
Official journal of October 30th, 2014, deliberation n°2014-43


The Superior council of the audio-visual one,

Considering directive 98/34/CE of the European Parliament and the Council of June 22nd, 1998 envisaging a procedure of information in the field as of technical standards and regulations, in particular its article 8, modified by directive 98/48/CE of July 20th, 1998;

Considering the directive 2010/13/UE of the European Parliament and the Council of March 10th, 2010, in particular its article 15;

Considering the notification n° 2014/044/F of May 26th, 2014 at the European Commission;

Considering the code of the sport, in particular its article L. 333-7;

Considering the law n° 86-1067 of the modified September 30th, 1986 relating to the freedom of communication, in particular its articles 1,3-1 and 20-4;

Considering the consultation of the organizers of sporting events mentioned with the article L. 331-5 of the code of the sport;

Considering the answers to the public consultation relating to the determination of the terms of dissemination of briefs extracted from sporting events opened by the Superior council of audio-visual on July 22nd, 2013;

Considering the opinion of the Olympic and sporting National committee French of September 19th, 2014;

After having deliberated on it,

Decide:
The law n° 2012-158 of February 1st, 2012 aiming at reinforcing the ethics of the sport and the rights of the sportsmen modified the sixth subparagraph of the article L. 333-7 of the code of the sport which lays out from now on:  “The Superior council of audio-visual fixes the terms of dissemination of the briefs extracted envisaged at the present article after consultation from the Olympic and sporting National committee French and organizers of sporting events mentioned with the article L. 331-5. ”.

Under article 20-4 of the law n° 86-1067 of September 30th, 1986 relating to the freedom of communication: “The article L. 333-7 of the code of the sport is applicable to the events of any nature which are of great interest for the public”.

Within sight of the above mentioned legislative measures, of the opinion of the Olympic and sporting National committee French of September 19th, 2014 and contributions of the organizers of sporting events and other people interested in the public consultation opened by the Council on July 22nd, 2013, the present deliberation has the aim of fixing the terms of dissemination of briefs extracted from sporting events and events other than sporting of a great interest for the public which has caused the concession of rights of audio-visual exploitation (hereafter called “extracted briefs”).

1. Field of application

The present deliberation is applicable to the whole of the television services established in France, and to their services of audio-visual mediums to the request which place at the disposal of the public the same remote program (hereafter also called “television services of correction”).

2. Exercise of the right to the extracted briefs 

The television services holders of rights of audio-visual exploitation of a sporting event or an event other than sporting of a great interest for the public, and their services of audio-visual mediums to the request which place at the disposal of the public the same remote program, do not prevent the diffusion, by another television service and its services of audio-visual mediums to the request which place at the disposal of the public the same remote program, of briefs extracted from this competition or this event taken on a purely free basis, since the following conditions are met: - the diffusion of the extracts takes place after the end of the first diffusion of the program of the service holder of the rights in which these extracts are taken; - the identification of the service holder of the rights of the taken images is clearly ensured during the diffusion of each extract, throughout one five second minimum duration.

3. Origin of the images taken under the right to the extracted briefs 

The television services not holders of the rights of audio-visual exploitation of a sporting event or an event other than sporting of a great interest for the public take briefs extracted the competition or event concerned within the retransmissions diffused live with a service holder of these rights.

When the sporting event or the event given was not the object of a live retransmission, the extracted briefs are taken within the retransmissions diffused remotely by a service holder of the rights or within the summaries diffused in data transmission, within the meaning of the present deliberation, suggested by a service holder of the rights.

4. Destination of the briefs extracted by a television service not holder rights of the same images

The images of a sporting event or an event other than sporting of a great interest for the public taken under the right to the extracted briefs can be diffused during a data transmission.

One understands by data transmission within the meaning of the present deliberation:

  • the tv news and regular news bulletins;
  • multi-field sporting magazines or of general information, an at least weekly frequency.

For the data transmission having an at least daily frequency, the extracted briefs can be used in the twenty-four hours following the end of the first diffusion of the program of the service holder of the rights in which these extracts were taken.

For the data transmission having a lower frequency (to weekly magazine), the extracted briefs can be, for a given emission, only used in the first edition of this emission which follows the end of the first diffusion of the program of the service holder of the rights in which these extracts were taken.

The extracted briefs cannot constitute the entirety of the images diffused within the framework of topics of data transmission within the meaning of the present deliberation which is the object of a specific device of sponsorship.

5. Maximum duration of diffusion of the briefs extracted by a television service not holder rights of the same images

The duration of diffusion of briefs extracted from a sporting event or a given event does not exceed a minute thirty seconds per hour of antenna.

The duration of diffusion of briefs extracted from a given sporting event does not exceed three minutes per day of competition and, as regards regular competitions of collective sport, per day of regular competition of collective sport.

Is regarded as one day of competition or event, within the meaning of the present deliberation, one period running of the beginning of the course of the tests of the competition or the event at the time one day calendar given until midnight the same day.

Is regarded as one day of regular competition of collective sport, within the meaning of the present deliberation, the period during which the whole of the meetings of the same phase of competition proceeds (for example, at the day of this deliberation, as regards a “day” of League 1 of football disputed completely during a weekend, as a result of sending of the first meeting, every Friday evening or every Saturday afternoon, until the end of the last meeting every Sunday evening).

The duration of diffusion of briefs extracted from a given meeting of a regular competition of collective sport does not exceed thirty seconds per meeting.

The briefs extracted diffused by a television service not holder rights of a competition or a given event cannot cover integrality of the aforesaid competition or of the aforesaid event.

As regards regular competitions of collective sports within the framework of which several meetings are arranged per day of competition, the diffused images are limited, for each day of competition, with extracts amongst meetings immediately lower than the entirety of the meetings than comprises the day of competition (for example, at the day of this deliberation, nine meetings of League 1 of football per day or six meetings of Top 14 of Rugby per day). In the case of a competition or of part of a competition organized according to a formula with direct elimination, this provision applies starting from the organization during the same day of a number strictly higher than Sept.

Within the framework of the diffusion of images of a one lower total duration sporting event or equalizes at six minutes taken under the right to the extracted briefs, the duration of diffusion of the extracts does not exceed 25% of the total duration of the competition, without it being able to be imposed one duration lower than 15 seconds. 

6. Duration of setting at the disposal of public of the briefs extracted by a television service not holder the rights of the same images of the competition or event concerned on its television service of correction

The briefs extracted put at the disposal of public by a television service from correction not holder of the exclusive rights are put at the disposal of public throughout one seven day maximum duration as from the first diffusion on the television service whose television service of correction takes again the programs.

7. Diversity of the sporting disciplines exposed within the framework of the diffusion of extracted briefs 

The editors of television services resorting, within the framework of their data transmission within the meaning of the present deliberation, briefs extracted from sporting events, ensure an effective annual exposure, in these emissions, of a minimum of twenty-four sporting disciplines to the title of the diffusion of extracted briefs. This minimal volume takes account of the diversity of the exposed sporting practices (practical male, female, adapted).
The present deliberation will come into effect on January 1st, 2015 . An assessment of stage will be carried out in the six months following its adoption within sight of the noted practices and of the experience gained during this period. 

The deliberation n° 2013-2 of January 15th, 2013 relating to the terms of dissemination of briefs extracted from sporting events and events other than sporting of a great interest for the public is repealed as from the coming into effect of this deliberation.

The present deliberation will be published in the Journal officiel de la République française .

Fact in Paris, on October 1st, 2014
 
For the Superior council of the audio-visual one: 
The president, 
O. Schrameck