Translation with SYSTRAN Links

Deliberation of October 16th, 2012 relating to the simultaneous diffusion of the same program by several terrestrial hertzian chains with national vocation

Publication date: Tuesday, October 23, 2012

Under the terms of the article 1st of the law n° 86-1067 of September 30th, 1986, the exercise of the freedom of communication to the public by electronic way can be limited in required measurement, in particular, by the respect of the pluralist character of the expression of the currents of thought and opinion. According to article 3-1 of the same law, the Superior council of audio-visual must take care of the quality and the diversity of the programs. The authorizations of use of the radioelectric frequencies are allotted by taking account, in particular, of the interest of the public and the priority requirement of pluralism of the sociocultural currents of expression.

The diffusion of whole or part of the same program, at the same moment, by several national hertzian TV channels is likely to attack the pluralism of the sociocultural currents of expression and does not contribute to the diversity of the programs. In addition, it does not raise of an optimal management of the radioelectric resource that the council is charged to ensure.

Consequently, several terrestrial hertzian television services with national vocation should not diffuse whole or part of the same program in a simultaneous way, nor with one differed lower than one hour, except prior written agreement of the Council. Is nevertheless allowed, exceptionally, the simultaneous diffusion or in recorded moments before of whole or part of the same program being of a private interest for the public, such as the retransmission of a ceremony, a debate or intervention of personalities.

The diffusion of the same program gets along of a diffusion by several chains of a program whose characteristics are identical, in terms of images and sounds. The one hour duration mentioned above appreciates image by image.

Prohibition does not apply to the retransmission of the principal debates mentioned in article 45 of the specifications of the company France Televisions.

The present deliberation does not prevent the implementation of the conventional stipulations relating to the resumption of the programs of another service provided it is not of a simultaneous recovery or one differed lower than one hour.

It relates to neither the images illustrating the facts of news nor the briefs extracted as envisaged with the articles L. 333-7 from the code from the sport and 20-4 from the law of September 30th, 1986.

The present deliberation, which will come into effect on November 30th, 2012, will be published in the Journal officiel de la République française.

Fact in Paris, on October 16th, 2012. 

For the Superior council of the audio-visual one: 

The president, 

Mr. Boyon 

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