Approached, for opinion, of the relative tendencies to audio-visual envisaged in the government bill for the equal opportunity between the French and the territories, the Superior council concerning audio-visual, after having deliberated on it, formulates the following opinion.
Article 17 of this government bill has given a legislative base to the action undertaken for several years by the Superior council of audio-visual, in a purely conventional way, with the private editors of television services and radio, as regards fight against discriminations.
Thus, conventions of the private channels of television comprise from now on a stipulation under the terms of which the editors commit themselves “not encouraging discriminatory behaviors because of the race, the sex, the religion or nationality; to promote the values of integration and solidarity which are those of the Republic; to take into account, in the representation with the antenna, the diversity of the origins and the cultures of the national community”.
In the same way, the CSA gradually introduces into conventions of the private stations of radio the commitment of the editor “not to encourage discriminatory behaviors with regard to the people at a rate of their origin, of their sex, their, their physical appearance, their patronym, their health family circumstances, of their handicap, their characteristics genetic, their manners, of their orientation sexual, of their age, their opinions political, their trade-union activities, of their membership or their not-membership, true or supposed, with an ethnos group, a nation, a race or a given religion; to promote the values of integration and solidarity which are those of the Republic”.
This provision thus receives, in its principle, the full approval of the CSA, since it devotes the legitimacy of its interventions in the matter and will make it possible to found obligations of comparable nature for the audio-visual services of the public sector, which the Council had already recommended several time in its opinions with the Government on the modifications to be made to the specifications of the missions and of the national companies of programs.
As regards the drafting selected, article 17 of this government bill lays down to add to article 3-1 of the law of September 30th, 1986 a subparagraph whose first sentence would be thus written: “The Superior council of the audio-visual participle to the actions in favour of social cohesion and the fight against discriminations”. The higher Council of audio-visual estimates than this first sentence could usefully be supplemented by the words “in the audio-visual field”, in order to better fit in the field of competence of the CSA. Such an addition would be besides in perfect coherence with the title of section 3 of title II of the government bill, in which article 17 is (“Section 3 - Actions in favour of social cohesion and fight against discriminations in the audio-visual field”).
The second sentence of this subparagraph provides that “Within the framework of conventions which he concludes with the editors from services from radio and television and taking into account nature from their programming, he takes care in particular that the programs reflect the diversity of the French company”. This drafting calls on behalf of the CSA the following observations:
- by binding this mission to conventions which the CSA concludes with the editors from services from radio and television, it restricts of it the range with the only services of radio and television concerned with article 28 and the I of article 33-1 of the law of September 30th, 1986, other than the services published by the national companies of programs and of the services depending from the declaratory mode envisaged to II of article 33-1; moreover, this mention could be interpreted like not making it possible to the CSA to adopt in this field of the recommendations, as laid down with the last subparagraph of article 3-1 of the law of 1986 above mentioned; the CSA thus wishes the suppression of the words: “Within the framework of conventions which he concludes with the editors from services from radio and television and”;
- the formulation according to which “the programs” must reflect the diversity of the French company could be understood as imposing that this obligation is respected in each program taken individually; the CSA thus proposes to write this sentence as follows: “Taking into account the nature of their programs, it takes care in particular that the programming of the services of radio and television reflects the diversity of the French company”, being observed that the term of “programming” should be heard in its broadest direction, like in particular including the policies of purchase and production of programs.
The Superior council of audio-visual estimates in addition that following the example of modifications considered, for the private services, in articles 28 and 33-1 of the law of 1986, it would be desirable that the actions in favour of social cohesion and the fight against discriminations are expressly mentioned in article 43-11 of the law of 1986, relating to the public service missions of the national companies of programs.
Lastly, the Council wonders about the conditions of adaptation of this device to the services of radio, with the Community or denominational TV channels, like with local televisions and of overseas.
Consult the page of the Official journal.