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Assessment of the application of the deliberation of February 16th, 2010 relating to the placement of product, two years after the authorization of this practice in the programs of the television services

Publication date: Wednesday, October 31, 2012

The Superior council of audio-visual adopted on February 16th, 2010 a deliberation fixing the conditions under which the programs of the television services can comprise placement of product.

In this one, it expects that it will evaluate the need for making evolve the fixed rules, two years after its coming into effect, that is to say in March 2012.

With this intention, the President of the working group “Publicity and consumer protection” wished to organize a series of hearings with the professionals of the sector.

A first meeting was held with the Trade union of the producers and creators of TV programs (SPECT) and the National union of phonographic edition (SNEP) on February 16th, 2012.

On February 21st, 2012, the representatives of companies of authors (Group 25 images) were received, of producers' associations cinema and audio-visual (APC, CPA-USPA, SPI, UPF), of the Union of advertisers (UDA), of the Association of the agency-advices in communication (AACC), and of consumers' associations (AFUTT, CNAFC, ORGECO).

The TV channels were received on March 9th, 2012 (the groups TF1, France Televisions, M6, Channel +, Lagardere, NRJ, Bolloré and A.C.C.e.S). At the time of this meeting, extracts of fictions and the vidéomusiques ones comprising placement of product were viewed, in order to illustrate for concrete examples the framework which this form of commercial communication must respect.

A discussion with a representative of the Company of the authors and dramatic composers (SACD) on April 25th, 2012 enclosed the cycle of hearings.

This last was supplemented by two exchange and briefings on the application of the deliberation of February 16th, 2010, producers' organization and director then with representatives of independent music channels. The objective of these meetings, which were held on June 7th, 2012, was to help the participants in better determining contours of the concept of “ahead unjustified setting” of a product or a brand. Extracts of programs comprising of the placement of product were diffused as illustration.

The assessment of the application of the deliberation relating to the placement of product was adopted by the Council on June 19th, 2012.

This synthesis has had the aim of recalling the rules applicable to the placement of product, the interventions of the Council on the matter for two years and to present the principal lesson of the assessment.

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