Texts of general interest concerning the equality enters the men and the women
The 3rd subparagraph of the Preamble to the Constitution of October 27th, 1946 devotes the principle of equality between the men and the women:
« The law guarantees to the woman, in all the fields, of the rights equal to those of the man ».
The article 1st of the Constitution of October 4th, 1958 (modified on July 23rd, 2008) lays out in addition that:
« The law supports the equal access of the women and the men to the electoral mandates and elective functions, like with the professional and social responsibilities ».
Relative texts with the audio-visual sector
Law of September 30th, 1986
The respect of the image of the woman in the audio-visual mediums lies within the general scope of the respect of the representation and fight and human dignity against all forms of discrimination of the diversity of the French company such as definite to the articles 1st and 15 of the law of September 30th, 1986.
Two recent laws came to supplement this general framework.
The law n° 2006-396 of March 31st, 2006 for the equal opportunity introduced a new subparagraph in article 3-1 of the law of September 30th, 1986 which defines the role and the missions of the Council:
« The Superior council of audio-visual contributes to the actions in favour of social cohesion and the fight against discriminations in the field of the audio-visual communication. It takes care, in particular, near the editors of services of radio and television, taking into account the nature of their programs, so that the programming reflects the diversity of the French company. He gives an account in his annual report of the action of the editors of services in this field. »
Conventions of the services of radio and television, as well as the specifications of the editors of public services also integrate these provisions. In addition, being specifically the equality man-woman, only the specifications of Radio France to date comprise a provision in this direction (article 5).
In addition, the law n° 2010-769 of July 9th, 2010 (in its articles 27-1 and 28) introduced into the law of September 30th, 1986 a set of provisions so in particular allowing associations having for object the fight against the violences made to the women and the discriminations based on the sex to seize the Council.
- Article 14 of the law: the control of the CSA on publicity
“The Superior council of audio-visual exerts a control, by all adapted means, on the object, the contents and the methods of programming of the advertising emissions diffused by the departments of communication audio-visual under the terms of the present law. It can take into account the recommendations of the authorities of self-regulation installation in the sector of publicity. (…) »
The decree n° 92-280 of March 27th, 1992 fixing the general principles defining the obligations of the editors of services as regards publicity, sponsorship and armchair shopping
- Article 3: principle of respect of the human dignity
« Publicity must be in conformity with the requirements of veracity, decency and respect of the human dignity. (…) »
- Article 4: principle of non-discrimination because of the sex
« Publicity must be free from any discrimination because of the race, the sex, nationality, the handicap, the age or the sexual orientation, any scene of violence and any incentive to behaviors prejudicial with health, the security of the people and goods or with environmental protection. »
The control of the Council on the advertisements, as on the programs, is exerted a posteriori since 1993.
As regards televised advertisements, the professional Regulatory authority of publicity (ARPP) gives to its members an opinion into force before diffusion on their conformity with the professional rules and the existing regulation.
The Authority defines ethical rules (“recommendations”) applying to its members who, voluntarily, commit themselves respecting them. It provides moreover to the professionals a council during the development of the advertisement.
Texts framing the women's rights specifically
- Report on the government bill “women's rights”
On June 4th, 2013, the Council gave to the Government its opinion on a relative bill to the equality between the women and the men amending law of September 30th, 1986.
- Deliberation of November 10th, 2009 on the representation of the diversity of the French company on television
The deliberation of November 10th, 2009 aims at supporting the representation of the diversity of the French company in the programs of the free hertzian national chains and Channel +. This deliberation comprises commitments of the editors to improve the representation of diversity (origin, age, sex, handicap…). These commitments cover the contractual methods of order of the programs, the representations with the antenna, the pedagogy of the good practices near the persons in charge of the programming and the drafting. This deliberation also envisages the obligation for the editor to provide each year before March 31st an assessment of the respect of its commitments.
- Declaration of the REFRAM on the equality between men and women in the audio-visual mediums in September 2011
The 26 institutions members of the French-speaking Network of the regulators of media (REFRAM), of which the Superior council of audio-visual, adopted on September 19th, 2011 in Brussels a declaration on the equality between men and women in the audio-visual mediums. By this text, the regulators of the network encourage the whole of the actors concerned with the professional media and not-professionals, to grant to the equality man-women in the media a significant place and to adopt measures in order to carry out this objective.
Declaration of the REFRAM on the equality between men and women
- Declaration of the RIRM relating to the fight against the stereotypes based on the kind in the audio-visual mediums in November 2012
The members of the Network of the Mediterranean authorities of regulation (RIRM), joined together November 22nd and 23rd, 2012 in Lisbon, decided to adopt a Declaration relating to the fight against the stereotypes based on the kind in the audio-visual mediums. The Network decided to set up a working group to implement the objectives of the declaration (tools for evaluation, realization of studies, active collaboration with the audio-visual mediums through the coregulation to fight effectively against the stereotype sexists in the programs).
Declaration of the RIRM relating to the fight against the stereotypes
- Act of commitment for a approach of self-regulation aiming at improving the image of the women in the media
Act of commitment for a approach of self-regulation
- Recommendation of the ARPP on the image of the human person
Recommendation of the ARPP on the image of the human person