Public consultation on the promotion crossed between media
Publication date: Monday, November 6, 2017
Plenary assembly of October 11th, 2017
The Council is questioned on the possibility, for the pluri-media groups, to resort to the promotion crossed between their various media (television, radio, SMAD, Internet, press).
The practices known as of crossed promotion by which an editor communicates on the other services or programs of the group to which it attaches, must be in conformity with the prohibition of clandestine publicity. Not to raise of prohibited clandestine publicity, this ads must be strictly informative. If it is of use of speaking about “crossed promotion”, the term “information cross” would be for this reason more suitable. This prohibition of clandestine publicity is specifically planned for the editors of television deprived in article 9 of the decree of March 27th, 1992. For the private radios, it rises from article 8 of the decree of April 6th, 1987 which envisages the identification of the advertisements. The specifications of France Televisions lay down as for him the obligation, for the company, to ensure “ on its various services promotion at ends of information of the programs of its television services and services of audio-visual mediums the request ” (article 24).
The Council had the occasion to come to a conclusion about such practices between television services, on the one hand, and between services of radio, on the other hand.
Thus, on July 22nd, 2008, the Council considered that the editors of television of the same group could present their programs reciprocally provided that these presentations are of a purely informative nature. Failing to be of this nature, the messages are subject to the rules relating to the TV commercial (diffusion in the advertising screens in particular). Under the terms of this decision, is in particular regarded as informative, the announcement, by a trailer, of a program mentioning its title, the television service on which it will be diffused, the date and the hour of this diffusion, without mention of the name of the distributor. This trailer, which can comprise an extract of this emission, could not in no case to be laudatory.
Cross promotion thus is authorized in theory between televisual editors of the same group including between the paying free channels and like between an editor and the television service of corresponding correction. However, such practices sometimes prohibited or are strictly framed for reasons for competing nature. Thus, when a chain profits from important crossroads of audience, its convention can envisage the prohibition of any cross promotion of another chain of the group, lately launched or repurchased. This temporary prohibition aims at preventing that the performances of the new chain are favoured artificially, apart from any competition by its only merits.
On May 7th, 2014, after having collected the contributions of the radiophonic operators on the subject, the Council decided to inform them that the promotion crossed between private radios belonging to the same group was not contrary in article 8 of the decree of April 6th, 1987, subject being of a strictly informative nature. The interpretative letter addressed to the editors precise that “ regarded as informative the announcement, is preregistered or formulated live with the antenna, of a program mentioning its title, the service of radio on which it will be diffused, the date and the hour of this diffusion. This announcement could not in no case to be laudatory. Failing to be of a purely informative nature, the messages will be subject to the rules relating to radiophonic publicity. »
Whereas the strategies of convergence intensify, the Council is brought to come to a conclusion about the possibility, for the pluri-media groups, to diffuse such ads of promotion crossed between their various media, that they are audio-visual (television, radio, SMAD) or not (departments of communication with the public online, press).
In order to clarify his reflection, the CSA wishes to collect the observations of the various actors concerned and decided to open a public consultation on the subject.
The answers to the public consultation will have to be addressed to the Superior council of audio-visual at the latest on December 4th, 2017 :
- maybe, preferably, by e-mail : firstname.lastname@example.org, by specifying like object “ Answer to the public consultation on the promotion crossed between media ”
- maybe by following post way at the address:
Superior council of the audio-visual one
Public consultation cross promotion
39-43 quai André-Citroën
75739 PARIS Cedex 15
The answers will be regarded as public and could be published on the website of the Council, except for the elements whose confidentiality will be explicitly required.
Question 1: Do you think convenient to authorize the promotion crossed between media different from the same group and for which reason?
Question 2: If the promotion crossed between media of different nature were allowed, which should be, according to you, media concerned?
Question 3: In this last case of figure, which practices would you estimate compatible with the principle of prohibition of clandestine publicity? Is it in particular advisable to frame the volume of cross promotion or the frequency of the ads?
Question 4: Would you have other elements to communicate to the Council on the subject?