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Deliberation of June 17th, 2008 relating to the exposure of the products of the tobacco, alcoholic beverages and illicit drugs to the antenna

Publication date: Tuesday, June 17, 2008


Deliberation n° 2008-51 of June 17th, 2008 relating to the exposure of the products of the tobacco, alcoholic beverages and illicit drugs to the antenna of the services of broadcasting and television
  
 Under the terms of the article 1st of the law of September 30th, 1986 relating to the freedom of communication, the exercise of this freedom can be limited in required measurement, in particular, by the safeguard of the public order.
  
 The Superior council of audio-visual has the role of preserving the public health. For this reason, it must take care that the television services and of broadcasting do not encourage with practices or dangerous behaviors for the health of the televiewers.
  
 The Council thus decided, on the base of article 3-1 of the law of September 30th, 1986, to enact the present deliberation which points out and specifies the conditions of exposure, within the televised and broadcast programs, of illicit drugs, of the products of the tobacco and alcoholic beverages.
   

1. Illicit drugs
  
 The article L. 3421-4 of the public health code poses the principle of the prohibition of use illicit of the one of the substances or plants classified as narcotics. Constitute illicit drugs the substances or plants classified like narcotics pursuant to the article L. 5132-7 of the same code. 
 

   Provisions specific to the television services
 
 In order to ensure the safeguarding of the order and the public health, it is interdict to reveal with the antenna any illicit drug or any person while consuming except for the programs of information, documentary and the fiction, like reporting in positive manner or ambiguity the drug taking.
 
 As regards the documentary one and data transmission, illicit drugs or people consuming them can appear there since that enters the object of the emission or documentary and that these programs are of nothing inciting, i.e. the consumption and the person consuming of drug are not to in no case developed.
  
 As regards fictions and the vidéomusiques ones, if the freedom of creation of the authors must be preserved, the Council asks nevertheless the television services which would coproduce such programs to show an illicit drug-taking only when the scenario justifies it and to take care that the latter is not inciting, in particular with respect to the young televiewers. The Council requests from the television services to frame the programs likely to present a risk of vulgarizing of illicit drug-taking by the following warning: “ The use of amazing products dangerous for health and is prohibited by the law. For more information and to receive from the assistance, telephone the 0800 23 13 13 (Drugs Information Service) “.
  
 Moreover, the presence of illicit drugs within a televised program can require the affixing of descriptive adapted to this last pursuant to the recommendation of June 7th, 2005 concerning the descriptive youth and the classification of the programs.
       

   Provisions specific to the services of broadcasting
  
 The same provisions are applicable to the emissions of broadcasting, since they can be transposed. For the emissions known as of free antenna, the presenters take care that is not reported in positive manner and ambiguity the drug taking, so that it is not to in no case developed. If necessary, they warn the listeners on the risks which their consumption represents by taking has it again above mentioned vertissement.
  

2. Products of the tobacco and drinks alcoholic
 

1.1. Products of the tobacco
 
 Under the terms of the article L. 3511-3 of the public health code, propaganda or publicity, direct or indirect, in favour of the tobacco and the products of the tobacco is prohibited whatever the support of communication.
  

Advertisements with the antenna of the services of broadcasting and television
  
 The editors of television services and broadcasting cannot promote any produced of the tobacco in the advertising screens. The Superior council of audio-visual tolerates no reference there. That implies in particular for the television services that no person consuming a product of the tobacco must appear in an advertisement, except for the fight campaigns against the tobacco addiction.
  

Sponsorship with the antenna of the services of broadcasting and television
  
 Under the terms of the article L. 3511-3 of the public health code, any operation of sponsorship is prohibited when it causes for object or propaganda or direct or indirect publicity in favour of the tobacco, the products of the tobacco or the ingredients used in the manufacturing or the preparation of a product of the tobacco.
  

Programs
  

    Common provisions to the services of broadcasting and television
  
 Beyond the prohibition of propaganda or publicity, direct or indirect, in favour of the tobacco or the products of the tobacco, has it rticle L. 3511-7 of the public health code lays out that “it is interdict to smoke in places assigned to a collective use”. Under R.355-28-1 article of this code, this prohibition applies “in all the closed places and covers accommodating of the public or which constitute the workplaces”.
 
 Thus, pursuant to the articles L. 3511-3 and L. 3511-7 of the same code, the consumption of products of the tobacco within the emissions of plate or the studios is in particular proscribed. 
       
    Provisions specific to the television services
  
 In the tv news, the data transmission or the documentary ones, it is possible to reveal products of the tobacco or people while consuming, provided these images are not promotional and that they cannot be comparable with propaganda.
  
 As regards emissions of reality TV, taking into account their significant impact on the young public, and the base from the articles 1st and 15 of the law of September 30th, 1986, the Council asks to avoid the diffusion of images of the candidates smoking in open places. In addition, the alcohol consumption by the participants should be neither excessive, nor regular.
       

The retransmission of mechanical sports to the antenna of the television services
  
 The article L. 3511-5 of the public health code lays out that “the retransmission of the competitions of mechanical sport which proceed in countries where publicity for the tobacco is authorized can be assured by the TV channels”.
  
 Pursuant to this article, the Council does not accept, to satisfy the needs with information, the appearance of brands of cigarettes that within the framework of the retransmission in real time or in situations close to real time to a mechanical competition of sport. 
  

1.2. Alcoholic beverages
  
 In accordance with the article L. 3321-1 of the public health code, an alcoholic beverage any drink constitutes of which the voluminal degree of alcohol is higher than 1,2%.
  

Advertisements
  
 Is heard as being propaganda and indirect publicity any promotion “in favour of an organization, a service, an activity, a product or an article other than U drink alcoholic which, by its graphics, its presentation, U tilisation of a denomination, a brand, an advertising emblem or another characteristic, points out an alcoholic beverage” (article L. 3323-3 of the public health code).
  

   Provisions specific to the television services
  
 Under the terms of the article L. 3323-2 of the public health code, any propaganda or publicity, direct or indirect, in favour of alcoholic beverages is prohibited with the antenna of the television services.
  
 The advertisement revealing is thus in particular illicit, even furtively, of the identified or identifiable alcohol bottles.
  
 The Superior council of audio-visual estimates nevertheless that is not looked like a publicity or a propaganda, direct or indirect, in favour of an alcoholic beverage the countryside for a comprising food of alcohol if the advertisement does not promote alcohol entering its composition.
  

   Provisions specific to the services of broadcasting
  
 The article L. 3323-2 of the public health code lays out that “propaganda and publicity, direct or indirect, in favour of the alcoholic beverages whose manufacturing and sale are not prohibited are authorized (…) by sound way of broadcasting for the categories of radios and in the time slots determined by decree in the Council of E tat”.
  
 According to article R. 3323-1 of the public health code integrating the provisions of the decree n° 92-1047 of September 23rd, 1992, “propaganda and direct or indirect publicity by sound way of broadcasting in favour of drinks of which the voluminal degree of alcohol is higher than 1,2% are authorized only:
       - Wednesday, between 0 a.m. and 7 hours;
       - other days, between 0 a.m. and 17 hours».
  
 These messages should not be laudatory nor to encourage with the alcohol consumption and must be accompanied with a message in medical matter specifying that alcohol is dangerous for health (article L. 3323-4 of the public health code).
  

Sponsorship with the antenna of the services of broadcasting and television
  
 In accordance with the article L. 3323-2 of the public health code, any operation of sponsorship is prohibited when it causes for object or propaganda or publicity, direct or indirect, in favour of alcoholic beverages.
  

Programs with the antenna of the services of broadcasting and television
  
 If the alcoholic beverage evocation is not prohibited within the television programs and of radio, in particular of the data transmission or the documentary ones, this presentation should be neither obliging nor laudatory and does not have to be of promotional nature.
  
 Subject to the respect of these conditions of presentation, the Council admits thus that are not constitutive of an indirect publicity nor of a propaganda:
 - reports evoking directly or indirectly production of alcohol, in particular wine, insofar as O enology and the viticulture concern the national heritage;
 - information on seasonal events with strong notoriety such as the setting on sale of the “new Beaujolais wine”;
 - the specific reference to alcoholic beverages in an emission devoted to the gastronomy, either because they constitute one of the ingredients of a receipt, or to direct the choice of the wines which are appropriate best for the menu considered.
 
 In order to take care of the public health, the Council strongly incites the television services and of radio operator diffusing such programs to sensitize the listeners and televiewers with the dangers which represents the alcohol abuse for health, in their indicating that alcohol must be consumed with moderation.
  
 Moreover, the presence of alcoholic beverages within a fiction can require, according to the narrative context, the affixing of descriptive adapted according to the categories of programs defined by the recommendation of June 7th, 2005 concerning descriptive youth and the classification of the programs. As regards videomusic involving a risk of vulgarizing of the alcohol consumption, the Council asks the editors of services to diffuse them with suitable schedules.
       
 Fact in Paris, on June 17th, 2008
 For the Superior council of the audio-visual one,
 The President,
 Michel Boyon

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