Key Benefits:
By deliberation as of March 8, 2005, the Conseil supérieur de l' audiovisuel approves Amendment No 1 to the Convention concluded on 10 June 2003 between the Conseil supérieur de l' audiovisuel, acting on behalf of the State, on the one hand, And TPS Star, on the other hand.
This release result as well as Amendment 1 will be published in the Official Journal of the French Republic.
A V E N A N T N ° 1
It was agreed as follows:
Sole Article
The terms of the above agreement are replaced by the provisions set out in the attached Annex.
Done at Paris, in two originals, on April 25, 2005.
A N N E X E I
APPENDIX DE L' AVENANT N ° 1 TO THE CONVENTION CONCLUE JUNE 10, 2003 BETWEEN THE HIGHER COUNCIL OF AUDIOVISUAL ACTING ON BEHALF OF THE STATE, ON THE ONE HAND, AND THE COMPANY TPS STAR, HEREINAFTER CALLED " THE PUBLISHER ", IN OTHER PART CONCERNING THE GST TELEVISION SERVICE STAR
The responsibilities and commitments incumbent upon the publisher are derived from the general principles laid down by Law No. 86-1067 of 30 September 1986, as amended on the subject of freedom. Communication and, in particular, respect for the dignity of the human person, the protection of childhood and adolescence, the pluralistic nature of the expression of currents of thought and opinion, the honesty of information, the quality and the Diversity of programs, development of production and creation National film and audiovisual media, defence and illustration of the French language and culture.
Pursuant to the provisions of Article 28 of the Act of 30 September 1986, the parties have agreed on Following stipulations:
1st PART
Object of the
Agreement and Layout of the
Editor Article 1-1
Purpose of the Convention
This convention is intended, in accordance with section 28 of the Act of 30 September 1986, set out the special rules applicable to the TPS Star service published by the publisher and the powers available to the Conseil supérieur de l' audiovisuel to ensure the publisher's compliance with its obligations.
The publisher publishes a television service called TPS Star and consists of three Programs known as TPS Star, TPS Cinestar and TPS Home Film whose financing uses remuneration from users and who book at least 75 % of their daily broadcasting time to programs using conditions Specific access:
-TPS Star, a digital radio program, broadcast simultaneously and in full by networks not using spectrum assigned by the Conseil supérieur de l' audiovisuel;
-TPS Cinestar and TPS Home Cinema, broadcast Or distributed only by networks not using frequencies assigned by the Conseil supérieur de l' audiovisuel.
TPS Star is a film service of first multi-programmed broadcasts, within the meaning of Articles 6-2 and 6-3 of the decree No. 90-66 of January 17, 1990, as amended.
Each year before October 31, The publisher transmits to the Conseil supérieur de l' audiovisual all the elements enabling the latter to determine whether TPS Star can be regarded, for the following year, as a cinema service of first exclusivity, within the meaning of the second paragraph of the article 6-3 of the aforementioned decree. This recognition is made in the light of the undertakings for the acquisition of cinematographic works, in particular of French original expression, which it has subscribed for the distribution of these works in the first exclusivity.
Within the limit of one Part of the annual broadcasting time, the programming of GST Cinestar and GST Home Cinema can be made up of programs different from the main GST Star program. Compliance with this stipulation is appreciated in the calendar year.
GST Star is part of a service group with the services called GST Cinefamily, GST Cinéculte, TPS Cinétoile and TPS CinExtreme.
This Agreement is Replace the Convention entered into on 27 September 2001 for the distribution of TPS Star by networks not using frequencies assigned by the Higher Audiovisual Council, starting from the beginning of the effective dissemination of the whole Terrestrial terrestrial program in digital mode. Articles 2-1-3, 4-1-1, 4-2-1, 4-2-2 and 4-2-4 of this Agreement shall, however, be applicable as soon as it is concluded. This agreement is also applicable to the clear ranges of the GST Star program if the GST Star program is broadcast by terrestrial terrestrial radio in digital mode prior to programming reserved for subscribers.
Item 1-2
Publisher
On the date of signature of this Agreement, the publisher is a partnership, called TPS Star, with a social capital of € 7,500, registered on March 5, 2002, in the Register of Trade and Nanterre companies under number 441 090 974. Its head office is located at 145, quai de Stalingrad, 92137 Issy-les-Moulineaux Cedex.
In Annex 1 to this Convention, as presented on that date:
-the composition of the social capital and the distribution of the voting rights of the holding company;
-where applicable, the list of the natural or legal person (s) who control the holding company within the meaning of Article 41 (3) of the Law of the 30 September 1986, as well as possible intermediary structures, with, for companies, the distribution of their share capital and voting rights.
2nd PART
General Stipulations
I. -DISSEMINATION AND DISTRIBUTION OF SERVICE
A. -From the GST Star Program
Item 2-1-1
Resource Usage Rules
The publisher may not, unless specifically authorized, use the spectrum resources allocated to it for non-scheduled use In this Convention.
The characteristics of the signals broadcast by the publisher are in accordance with the regulations in force (adopted on 24 December 2001 on terrestrial digital terrestrial television setting out the characteristics of the Signals issued) and the document establishing " The services and the signalling profile for the broadcasting of digital terrestrial television " Developed within the Technical Commission of experts on digital terrestrial television, meeting under the aegis of the Higher Audiovisual Council.
This document was approved by the Senior Audiovisual Council at its plenary session of 12 December 2002 and published on 19 December 2002 on its website. Any subsequent amendments to this document will be subject to the approval of the Senior Audiovisual Council, after consideration by the Technical Commission of Experts on Digital Earth Television, and will be Published.
The publisher shall make available to multiplex operators the signal data for the crossing, between the various multiplexes, of information concerning the current emissions and the following emissions from its Service.
To enable the Conseil supérieur de l' audiovisuel to enforce the Provisions of the seventh paragraph of Article 25 of the Act of 30 September 1986, cited above, for services requiring the use of an interactivity engine, the publisher shall inform the Supreme Council of the audiovisual system of the system that he and his or her Distributors wish to use. Specifications or references to recognized standards are referred to the Senior Audiovisual Council. The evolution of the interactivity engine, or the changes of this engine, are the subject of information of the Conseil supérieur de l' audiovisuel.
The publisher informs the Conseil supérieur de l' audiovisuel du système d' accès sous condition que himself And its distributor (s) are proposing to use. At the same time, the publisher transmits the specifications or references to recognized standards. Developments in the conditional access system, or the changes in this system, are the subject of information from the Conseil supérieur de l' audiovisuel.
The publisher transmits to the Conseil supérieur de l' audiovisuel, in confidence, any agreement Under Article 30 (3) of the Act of 30 September 1986.
The publisher shall indicate the measures put in place to comply with the provisions of Article 95 of the Act of 30 September 1986.
Article 2-1-2
Territorial Coverage
Editor Ensures the broadcasting of its terrestrial terrestrial programs in digital mode from all broadcast sites for which it is licensed to use a spectrum resource.
It is committed to expanding its coverage The geographical areas served by the emission sites referred to in Annex 5 of the call for applications of 24 July 2001, within the time limits fixed by the authorisations granted under the conditions laid down in Article 30 (4) of the Law of 30 September 1986. However, the precise delimitation of these geographical areas may depend on the technical characteristics and the exact location of the transmitters.
Article 2-1-3
Conventions concluded with the operator Multiplex
The publisher shall communicate to the Conseil supérieur de l' audiovisuel, in confidence, the agreements concluded with the company responsible for ensuring the technical operations necessary for the transmission and Service to the public.
B. -GST programs Cinestar and TPS Home Cinema
Item 2-1-4
Broadcasting
Programs called GST Cinestar and TPS Home Cinema are intended to be broadcast or distributed by networks not using frequencies Assigned by the Conseil supérieur de l' audiovisuel.
C. -GST Star Service
Item 2-1-5
Service Delivery
GST Star, TPS Cinestar, and TPS Home Cinema, which make up the TPS Star service, are the subject of a common, common network subscription Not using frequencies assigned by the Conseil supérieur de l' audiovisuel.
The service is marketed under the conditions set out in Recommendation No. 2004-7 of December 15, 2004.
The publisher shall inform the Board of The audiovisual, at its request, of the agreements it concludes for the broadcasting or Distribution of its service with commercial distributors of services by a network not using frequencies assigned by the Conseil supérieur de l' audiovisuel as well as with the organizations providing for the transmission and dissemination of the
At the request of the Conseil supérieur de l' audiovisuel and for the performance of the tasks entrusted to it by law, the publisher shall communicate to him, in confidence, a copy of the agreements referred to in the preceding paragraph.
II. -GENERAL OBLIGATIONS
Article 2-2-1
Editorial Responsibility
The publisher is responsible for the content of the broadcasts it broadcasts.
It retains control of its antenna in all circumstances.
Item 2-2-2
French Language
The broadcast language is French. In the case of a program broadcast in a foreign language, the program results in simultaneous translation or captioning.
The provisions of the preceding paragraph do not apply to musical works.
The publisher shall ensure that: Proper use of the French language in its broadcasts, as well as in adaptations, duplications and subtitles of foreign programs. The publisher tries to use French in the titles of its programs.
Item 2-2-3
Intellectual Property
The publisher respects French property law Intellectual Property.
Article 2-2-4
Major Events
In accordance with Section 20-2 of the Act of September 30, 1986, the publisher may not exercise exclusive rights in respect of Events considered to be of major importance to the Decree implementing Article 20 (2) of the aforementioned law.
The publisher may not exercise exclusive rights in respect of events considered to be of major importance by a Member State of the European Community or party to the agreement on The European Economic Area in such a way that it depriving an important part of the public of that State of the opportunity to follow, on a free-access television service, those events declared to be of major importance by that State.
Article 2-2-5
Hourly and schedule compliance
The publisher will advertise its programs no later than 18 days before the first day of broadcast of the week's programs. It undertakes to no longer modify them within a period of less than 14 days in relation to the broadcast day, including, except requirements relating to sporting events and exceptional circumstances:
-new event related event;
-rights-related issue protected by IP code;
-court decision;
-technical problem;
-public interest decided after consultation Between the relevant strings;
-against the performance of a significant audience of the first issues or episodes of a series of programs.
The publisher respects, subject to the constraints inherent in the broadcast of live broadcasts, during the Broadcast of its programming, programming schedules prior to Under the conditions set out in the preceding paragraph.
III. -DEONTOLOGICAL OBLIGATIONS
Article 2-3-1
General principle
In compliance with the constitutional principles of freedom of expression and communication and the editorial independence of the publisher,
For the purpose of assessing compliance with these stipulations, the Conseil supérieur de l' audiovisuel takes into account the type of program involved.
Article 2-3-2
Pluralism of The expression
of currents of thought and opinion
The publisher ensures the pluralism of the expression of currents of thought and opinion, in particular within the framework of the recommendations made by the Higher Council of the Audiovisual Media.
It ensures that the pluralistic access of political parties to The antenna is provided under comparable programming conditions.
Journalists, presenters, animators or antenna collaborators ensure that there is an honest presentation of controversial and controversial issues. The expression of the different views.
The editor transmits to the request The Conseil supérieur de l' audiovisuel, for the period it specifies, the statement of the hours of intervention of political, trade union and professional figures.
Article 2-3-3
Public life
The editor is responsible for:
-not to incite delinquent or incidental practices or behaviour;
-to respect the different political, cultural and religious sensitivities of the public;
-not to encourage discriminatory behaviour in Reason of race, sex, religion or nationality;
-to promote the values of integration and solidarity that are those of the Republic;
-to take into account, in the representation on the air, the diversity of Origins and cultures of the national community.
Article 2-3-4
Human Rights
The dignity of the human person is one of the components of public order. The publisher shall not derogate from it by special agreements, even if the consent is expressed by the person concerned.
The publisher undertakes to ensure that no broadcast that it broadcasts affects the dignity of the human person. That it is defined by law and jurisprudence.
The publisher respects the rights of the individual in relation to his or her private life, image, honour and reputation as defined by law and
. In particular:
-restraint in the dissemination of images or testimonies liable to humiliate people;
-to avoid complacency in the evocation of human suffering, as well as any degrading treatment or Demeaning the individual to the rank of object;
-that the testimony of individuals on facts pertaining to their privacy is collected only with their informed consent;
-that the participation of non-professionals in Set, play or entertainment, there is no waiver on their part, to Or for an indefinite period, to their fundamental rights, in particular the right to an image, the right to privacy of private life, the right to seek redress in the event of damage.
It is a measure when it broadcasts Information or images concerning a victim or person in a situation of danger or distress.
Article 2-3-5
Rights of participants in certain programs
In its emissions, in particular Games or entertainment, the publisher agrees not to put forward any Excessive the spirit of exclusion or the encouragement of defamatory or insulting statements against the participants.
In the event of a broadcast, including a game, involving a long-term recording of the facts, gestures and remarks of the Participants, the publisher undertakes, on the one hand, to permanently place at the disposal of the participants a preserved place of registration and, on the other hand, to provide for daily phases of respite of a significant and reasonable period giving rise to No sound or visual recording or any broadcast. Participants should be clearly informed. Security reasons can justify ongoing monitoring of participants' lives by those responsible for production, but without registration or dissemination. The publisher is also committed to clearly informing participants about the capabilities of the technical recording device, including the location of cameras and microphones and their number, the existence of infrared cameras or ice-free cameras. Tain.
Item 2-3-6
Antenna Rights of Actors
People involved in the antenna are informed, to the extent possible, of the name and subject of the broadcast for which they are Solicited. When invited to a live debate, they are informed, to the extent possible, of the identity and quality of other stakeholders.
Item 2-3-7
Testimony of Minors
The publisher shall refrain from seeking the testimony of minors placed in difficult situations in their private life, unless they ensure complete protection of their identity through an appropriate technical process and obtain the consent of the minor And the consent of at least one of the persons exercising authority Parental.
Article 2-3-8
Information and program honesty
The requirement of honesty applies to the entire program.
The publisher avoids confusion between information
For its policy and general information programs, the publisher uses professional journalists.
The publisher verifies the validity and sources of the information. Where possible, the origin must be indicated. The uncertain information is conditional.
The publisher is rigorous in the presentation and processing of the information.
It ensures that the context in which the images were collected and the subject matter is appropriate. That they illustrate. Any use of archival images is announced by a screen popup, possibly repeated. If necessary, mention is made of the origin of the images.
Images produced for a reconstruction or a script of actual fact, or supposed to be, must be presented as such to the viewers
Caricature or pastiche, when a montage of images or sounds is carried out, the latter may not distort the original meaning of the statements or images collected or abuse the viewer.
In the case of information broadcasts, the publisher shall not Using technological processes to change the meaning and content of the Images. In other programs, the public must be notified of the use of these processes when their use can be confusing.
The use of processes to collect images and sounds without the knowledge of those who are filmed or recorded Must be limited to the needs of the public. It should be restricted to cases where it provides information that is difficult to collect otherwise. The use of these processes must be brought to the attention of the public. Persons and places should not be able to be identified, with the exception of exceptions, or if the consent of the persons was obtained prior to the issuance of the
. Micro-sidewalk " Viewers, who cannot be qualified as a poll, should not be presented as representative of the general opinion or group in particular, nor should they abuse the viewer on the competence or authority of persons Solicited.
Item 2-3-9
Information Independence
The publisher ensures that the policy and general information broadcasts that it broadcasts are made under conditions that Guarantee the independence of the information, in particular with regard to the interests of its Shareholders. It shall bring to the attention of the Conseil supérieur de l' audiovisuel the provisions it implements for this purpose.
Where the publisher presents, in addition to the advertising screens, the publishing or distribution activities of Audiovisual communication developed by a legal entity with which it has significant capitalistic links, it considers, in particular by the moderation of the tone and the extent to which it is given the importance attached to the subject, that this presentation Is a strictly informative character. On this occasion, it shall inform the public of the nature of these links.
Article 2-3-10
Judicial Proceedings
In compliance with the right to information, the dissemination of broadcasts, images, remarks or Documents relating to judicial proceedings or to facts capable of giving rise to judicial information requires that particular attention be paid to respect for the presumption of innocence, that is to say, Not yet found to be guilty, on the other hand, The secrecy of private life and, finally, the anonymity of juvenile delinquents.
The publisher ensures, in the presentation of court decisions, that judicial decisions are not commented on under conditions of the nature to be carried out Infringement of the authority of justice or its independence.
When an ongoing judicial proceeding is referred to the antenna, the publisher must ensure that:
-the case is handled with measurement, thoroughness and honesty;
-the handling of the case does not constitute a serious obstacle to this procedure;
-pluralism is ensured by presenting the various theses in presence, in Ensuring that the parties or their representatives are in a position to make their views known.
Article 2-3-11
Producer Information
The publisher will inform Producers, on the occasion of the agreements it negotiates with them, Provisions of the articles of its Convention which appear in the part " Ethical obligations " to ensure compliance.
IV. -PROTECTION OF
CHILD AND ADOLESCENCE
Article 2-4-1
General Principles
The editor ensures that, between 6 and 22 hours and a fortiori in the section devoted to youth issues, the Violence, even psychological, cannot be perceived as continuous, omnipresent or presented as the sole solution to conflicts.
The publisher takes the necessary precautions when images that are difficult to support or testifying to Particularly dramatic events are broadcast in the Newspapers, information programs, or other program programs. The public must be notified in advance.
Item 2-4-2
Definition of Program Categories
The editor uses a viewing commission that recommends a classification Programs. The composition of this committee is brought to the attention of the Conseil supérieur de l' audiovisuel.
The publisher respects the classification of programmes according to five degrees of appreciation of the acceptability of these programmes in the light of the Protection of childhood and adolescence and applies the corresponding signage, in accordance with the technical procedures defined by the Conseil supérieur de l' audiovisuel:
-category I (no signage): Programs for all audiences;
-category II (white round pictogram with one-10 in black popup): programs with certain scenes that could collide ten-year-olds;
-category III (white round pictogram with one-12 black popup): Cinematographic works prohibited for minors by 12 years of age, as well as programmes that may disturb minors 12 years of age, in particular when the scenario systematically and repeatedly uses physical or psychological violence;
-Category IV (white round pictogram with one-16 black inlay): Cinematographic works prohibited to minors of sixteen years of age, as well as programmes of an erotic character or of great violence, liable to impair the physical, mental or moral development of minors under sixteen years of
. (white round pictogram with one-18 black inlay): Cinematographic works prohibited to minors under 18 years of age as well as pornographic or very violent programmes, reserved for an informed adult public and liable to impair the physical, mental or moral development of the 18 years of age.
In particular, the classification of cinematographic works, which is attributed to cinematographic works, may be used as an indication of their classification with a view to their transition to television. It is, however, for the publisher to verify that this classification can be transposed without damage to television broadcasting and, where appropriate, to reinforce it.
Article 2-4-3
Programming conditions
programs in the various categories
The editor meets the following programming conditions, for each of the categories listed in item 2-4-2 of this agreement:
-Category II: The scheduling of these programs is left to the publisher's discretion, it being understood that this broadcast cannot be used in children's programming.
The publisher will pay particular attention to the trailers Programs under this category that are available in or near children's programs;
-Category III: These programs should not be released on Wednesday before 20:30.
Category III program trailers should not contain scenes that would offend the sensitivity of the young audience. In addition, they cannot be released in the vicinity of children's programs;
-Category IV: reserved for an informed audience, these programs are available only after 20:30.
The trailers for these programs must not be released. Have scenes likely to offend the sensitivity of the young audience. In addition, they cannot be broadcast in the clear part of the program or before 20:30;
-Category V: The distribution of Category V programs and their trailers is prohibited on GST Home Cinema. On GST Star and GST Cinestar, the distribution of Category V programs and their trailers cannot be between 5 hours and 24 hours. The number of broadcasts or rebroadcasts of these programmes may not exceed 52 per year on TPS Star as on TPS Cinestar.
The broadcasting of these programmes must comply with the provisions of Recommendation No. 2004-7 of 15 December 2004. In any case, the publisher shall respect the criminal provisions relating to the protection of minors.
Programmes which are subject to the dignity of the human person, in particular the programmes which are devoted to the representation of violence And sexual perversions, degrading for the human person or leading to the degradation of the human person, are prohibited from any dissemination. The same applies to pornographic programs involving minors as well as programs of extreme violence or gratuitous violence.
Article 2-4-4
Signals
The signage referred to in item 2-4-2 shall be brought to the attention of the public, at the time the issue is broadcast, in the trailers and in the pre-programs communicated to the press.
This Signage Be presented to the antenna in the following manner:
1. In the trailers:
The pictogram of the category in which the program is classified appears throughout the duration of the trailer.
2. When distributing programs:
For Category II programs:
a) Pictograph appearance:
When programs have a duration of less than or equal to thirty minutes, the pictogram will be displayed on the screen for at least five minutes at the beginning of the program.
When programs are longer than 30 minutes, and Have one or more advertising breaks, the pictogram will be present on the screen for at least five minutes at the beginning of the programme and one minute after each advertising break.
When these programmes have a higher duration At thirty minutes and do not include advertising clippings, the pictogram Will be present on the screen according to one of the following options:
-for at least five minutes at the beginning of the program and a second time for one minute after the first fifteen minutes;
-for at least 12 minutes at the beginning of the Program.
(b) Appearance:
The statement " Not at least 10 years old " Shall appear on the antenna according to one of the following options:
-at the bottom of the screen, in white, at least for one minute at the beginning of the program;
-full screen, before the program, at least for twelve seconds.
For programs of Category III, the pictogram will be present on the screen for the duration of the programme's circulation.
The mention " Not at least 12 years old " Or, where appropriate, the reference to the 12-year-old prohibition by the Minister of Culture shall appear on the air in white, for at least one minute at the beginning of the programme, or full screen, before the programme, during the Minimum 12 seconds.
For Category IV programs, the pictogram will be on the screen for the duration of the program release.
The notation " Not under 16 years of age " Or, where appropriate, the reference to the prohibition on minors of sixteen years, allocated by the Minister responsible for culture, shall appear on the air in white, for at least one minute at the beginning of the programme, or full screen, before the programme, For a minimum of 12 seconds.
For Category V programs, the pictogram will be on the screen for the duration of the program release.
The notation " Not under 18 years of age " Or, where appropriate, the mention of the prohibition on minors of eighteen years, assigned by the Minister responsible for culture, shall appear on the air in white, for at least one minute at the beginning of the programme, or full screen, before the programme, For a minimum of twelve seconds.
The publisher does not exempt the publisher from complying with the provisions of Decree No. 90-174 of 23 February 1990 on the prior warning of the public, both in the distribution of works Films prohibited to minors, only in the trailers that concern them.
Because of their brevity and the absence of pre-broadcast trailers, videomusics are exempt from the systematic nature of signage.
However, signage shall be used to warn the public of the Programs that group videomusics according to themes that are not directed to children or adolescents.
For videomusics that may be sensitive to the sensitivity of young people, the publisher is interested in broadcasting them after 22 hours.
Item 2-4-5
Annual Campaign
The publisher participates in an annual public information and awareness campaign on the child and adolescent protection system on television according to objectives defined in agreement with the Board of Governors
3rd PART
Specific Stipulations
I. -PROGRAMS
Article 3-1-1
Nature and duration of programming
The TPS Star service is a cinema service of first multi-programmed broadcasts within the meaning of Articles 6-2 and 6-3 of Decree No. 90-66 of 17 January 1990 as amended and, where applicable, an exclusive first cinema service, under the conditions laid down in Article 1-1 of this Convention. Its programming is complemented by sports events, series, films and magazines on film and sport.
Within one-third of the annual broadcasting time, the programming of GST Cinéstar and GST Home Cinema can Be composed of different programs of the main program. Compliance with this stipulation is appreciated in the calendar year.
The entire broadcast program is designed or assembled by the publisher.
The average daily duration of the program is 20 hours, from 7 a.m. to 3 a.m. A schedule of programmes shall be given as an indication in Annex 2 to this Convention.
The publisher shall inform the Senior Audiovisual Council of any changes to the features defined in this Article.
Article 3-1-2
Plain Plages
Except as otherwise granted by the Conseil supérieur de l' audiovisuel for specific programs, the publisher reserves at least 75 % of daily broadcasting time to Programs subject to specific access conditions. Clear ranges are broadcast as follows:
On the GST Star program:
Monday to Friday between 7:30 a.m. and 8:30 a.m. and between 7 p.m. and 9 p.m.;
Saturday between 7:30 a.m. and 8:30 a.m. and between 6 p.m. and 9 p.m.;
Sunday between 7:30 a.m. and 8.30 p.m., between 12.30 p.m. and 2.30 p.m. and between 6 p.m. and 9 p.m.
On the GST programs Cinestar and GST Home Cinema:
From Monday to Sunday between 7.50 p.m. and 9 p.m.
Article 3-1-3
Program Access for Deaf and Hard of Hearing Persons
Pursuant to section 28, paragraph 5 bis of the Act of September 30 1986, supra, the publisher develops for persons who are deaf and hard of hearing the specific captioning of programs or the use of sign language.
With respect to the GST Star program:
The corresponding annual circulation volume is, as of the date specified in the authorization for the effective start of the emissions, at least 2 % of the annual broadcast time in the first year. This percentage will have to reach at least 10 % of the annual broadcasting time in the ninth year, at a rate of 1 % each year. A special effort is made at prime time.
With respect to the GST programs Cinestar and TPS Home Cinema:
The publisher undertakes, to the extent of its technical and financial possibilities, to develop Access to these two programs for people who are deaf and hard of hearing. It informs the Conseil supérieur de l' audiovisuel, in its performance report of the obligations, of the efforts made each year.
Article 3-1-4
Advertising
Promotional messages are inserted Under the conditions laid down in Decree No 92-280 of 27 March 1992 as amended.
Programmes subject to special conditions of access may not contain advertising messages, with the exception of advertising messages concerning the Film sector. Programs whose clear broadcast has been authorized by the Conseil supérieur de l' audiovisuel on an exceptional basis cannot contain any advertising messages.
The time devoted to the dissemination of advertising messages does not exceed six Minutes per broadcast hour (sixty minutes) on average daily, not exceeding twelve minutes for a given hour (sixty minutes). These proportions are met, respectively, for programs that are broadcast in plain language and for programs subject to specific access conditions.
No advertising message can be commercialized or broadcast specifically on The clear beaches of TPS Cinestar or TPS Home Cinema.
Surreptitious advertising, as defined in Article 9 of Decree No. 92-280 of 27 March 1992 amended, is prohibited.
The publisher shall ensure clear identification of the screens Advertising in youth programmes. To this end, it uses, for all these programmes, generic advertising screens of a minimum duration of 4 seconds, composed of sound and visual elements enabling the young public to identify them easily.
The editor strives To avoid variations in noise levels between programmes and advertising screens.
Article 3-1-5
Sponsorship
In accordance with the provisions of Decree No. 92-280 of 27 March 1992, emissions Sponsored television must be clearly identified Such as at the beginning or the end of the program. In these programs and in their trailers, the mention of the sponsor is possible only to the extent that it remains punctual and discreet.
In youth programming, this sponsorship reminder must be of modest size and Be the subject of statements not exceeding 5 seconds and separated from each other for a reasonable period of time.
In order to avoid confusion in the minds of young viewers, the publisher shall ensure that there is no interference between the Name of the sponsor or one of its brands and the name of a youth or youth program
No sponsorship mention can be marketed or broadcast specifically on the GST Cinestar clear ranges or GST Home Cinema.
Item 3-1-6
Tele-shopping
If it is a tele-shopping program, the publisher complies with the teleshoping emission provisions set out in Order No. 92-280 of March 27, 1992, as amended.
If the same property or service is shown at a time in a program And in an advertising message, a period of at least 20 minutes must be Fall between the end of the advertising screen and the start of the tele-shopping program and vice versa.
The presentation or promotion of objects, products or services must comply with the legislative and regulatory provisions relating to Consumer information, in particular those derived from the code of consumption, relating to the sale of goods and supplies of services at a distance, and those relating to false or natural claims, indications or representations To be misleading.
Objects, products, or services must be Describes as precisely as possible, in all their quantitative and qualitative elements.
The publisher ensures that the images, photos and drawings faithfully reproduce the objects, products or services and do not include Ambiguity in terms of size, weight and quality.
The offer of sale must be clear, rigorous and as complete as possible with respect to its main components: Prices, warranties, novelty, terms of sale.
The terms and conditions of the price (duration, cutoff date) must be mentioned.
II. -DISSEMINATION AND PRODUCTION
OF AUDIOVISUAL WORKS
Article 3-2-1
Broadcasting of audiovisual works
The publisher reserves, for each of its programmes, in the total annual time devoted to broadcasting Audiovisual works, at least 60 % for the dissemination of European works and 40 % for the dissemination of works of original French expression, within the meaning of Articles 4, 5 and 6 of Decree No. 90-66 of 17 January 1990, as amended
For the GST Star program, for the first two years from the date of These proportions are set at a minimum of 56 % and 58 % respectively for European works and 35 % and 38 % for works of original French expression, respectively.
Les The proportions mentioned in the two previous paragraphs must also be respected during prime time, between 20:30 and 22:30.
Item 3-2-2
Production of Audiovisual Works
The publisher has chosen to devote less than 20 % of the broadcasting time of the Service to audiovisual works. As such, it is not subject to the investment obligations in the production of audiovisual works provided for in Article 24 of Decree No. 2001-1333 of 28 December 2001 for the application of Articles 27, 70 and 71 of the Act of 30 September 2001. 1986, supra and laying down general principles for the broadcasting of non-terrestrial terrestrial radio services in digital mode.
Article 3-2-3
Relations with Producers
The editor is committed to ensuring equal treatment between Producers of audiovisual works and to promote free competition in the production sector.
The publisher undertakes that the contracts it concludes for the acquisition of broadcasting rights shall include an encryption of each right Acquis, individualising the number of passages, their length of detention and the territories concerned. This commitment does not cover contracts for the acquisition of videomusic rights.
III. -DISSEMINATION AND PRODUCTION
OF CINEMATOGRAPHIC WORKS
Article 3-3-1
Quotas of European cinematographic works
and original French expression
The publisher reserves, for each of its programs, in the Annual total number of broadcasts and replays of long-term cinematographic works, at least 60 % in the circulation of European works and 40 % in the distribution of works of original French expression, within the meaning of Articles 2, 3, 5 and 6 of the Decree No. 90-66 of 17 January 1990 as amended
Referred to in the previous subparagraph shall also be observed at prime time between 6 p.m. and 2 p.m.
These proportions may be assessed by title, subject to:
-that long-term European cinematographic works do not represent less than 50 % of the total annual number of broadcasts and replays of long-term cinematographic works;
-that cinematographic works Of long-term French original expression do not represent less than 35 % of this total number, including peak viewing hours.
Item 3-3-2
Quantum and Broadcast Grid
Editor Cannot broadcast on each of its programs more than five hundred works Long-term cinematographic works, per calendar year.
Each long-running cinematographic work may not be broadcast more than twenty-eight times over a period of not more than three months.
An additional broadcast is Permitted on TPS Star, TPS Cinestar and TPS Home cinema on the condition that it be accompanied by a closed captioning specifically for the deaf and hard of hearing, in accordance with the terms set out in an agreement between the publisher and the representatives of the Deaf and hard of hearing associations.
For Works Long-term cinematographic works, at least one of these broadcasts is provided by TPS Star.
Long-term cinematographic works shall be broadcast within the programmes subject to conditions
The publisher follows the distribution grid for cinematographic works set out in Article 11 of Decree No. 90-66 of January 17, 1990, as amended.
Cinematographic works that can be broadcast on Saturday, between 6 p.m. And 23 hours are those laid down in the order laid down in Article 11 of Article 11 of the
The programming of long-term cinematographic works may not be announced more than two months before the month of actual programming of these works.
The duration of the rights to broadcast first exclusivity Television off-payment to the session of cinematographic works of original French expression acquired by the publisher before the end of the period of taking of views shall not exceed twelve months from the 13th month following the exit of the Cinematographic work in France.
Article 3-3-3
Media Timeline
Contracts entered into by the publisher for the acquisition of cinematographic works rights provide for the period within which the distribution of cinematographic works can occur.
Where there is an agreement between one or more film industry professional organizations and the publisher concerning the time limits applicable to one or more types of television exploitation of cinematographic works, the Time limits under this agreement are required for the publisher.
Article 3-3-4
Production of cinematographic works
I.-The investment obligations of the publisher in the production of cinematographic works comply with the provisions of Articles 19 and 20 Decree No. 2001-1333 of 28 December 2001 for the application of articles 27, 70 and 71 of the Act of 30 September 1986 and laying down general principles concerning the broadcasting of non-radio services by radio Digital terrestrial mode.
II. -Every year, from the date laid down in the authorisation for the effective start of broadcasts, the publisher shall devote to the purchase of rights to broadcast European cinematographic works an amount corresponding to at least 26 % of the resources Total of the current year as defined in Annex 4.
The share of the obligation provided for in the preceding paragraph composed of purchases of rights of distribution of cinematographic works of original French expression represents at least 22 % of the Total current year resources as defined in Annex 4.
The publisher also undertakes to ensure that the total amount of its obligations to acquire rights to broadcast cinematographic works of European feature film and original French expression is not less than the highest amount Between:
-the amounts resulting from the obligations expressed in percentages of its total annual resources as defined in the first and second paragraphs of II of this Article;
-and at least EUR 2.01 excluding VAT per month and per subscriber such as
amount will be amended, as appropriate, in accordance with the agreements that the publisher will conclude with the professional organizations in the film industry.
III. -Each year, from the date laid down in the authorisation for the effective start of programmes, the publisher shall devote to pre-purchases, as defined in Annex 4, including the production estimate, as set out in the pre-purchase contract and submitted to the National Centre for Cinematography, is less than or equal to 5.35 MEUR excluding VAT, a sum corresponding to at least the following percentages of the amount of its acquisition of rights in cinematographic works of original French expression:
- As long as the number of subscribers is less than 1 500 000: 20 %;
-for a number of subscribers between 1 500 000 and 2 300 000: 25 %;
-for a number of subscribers between 2 300 000 and 2 700 000: 30 %;
-for a number of subscribers between 2 700 000 and 3 100 000: 35 %;
-for a number of subscribers between 3 100 000 and 3 500 000: 40 %;
-for a number of subscribers over 3 500 000: 45 %.
When the number of subscribers, as defined in Annex 4, will be equal to the total subscribers to Canal + on all its broadcast media, the publisher agrees to devote at least 45 % of the amount of its acquisition of rights of works Films of original French expression to pre-purchases for which the production estimate, as set out in the pre-purchase contract and submitted to the National Centre for Cinematography, is less than or equal to EUR 5.35 million excluding VAT, whatever The number of subscribers to the service bundle.
However, as long as the editor Servera to pre-purchase a share of less than 50 % of the total of its acquisitions of the rights of original French expression cinematographic works, the share reserved for works with an estimate equal to or less than 5.35 MEUR may be limited to 30 % and This is regardless of the number of subscribers to the service bundle.
IV. -The amounts per subscriber set out in the third paragraph of II and the provisions of III of this Article may be reviewed by TPS Star and the Conseil supérieur de l' audiovisuel at the end of the third year following the conclusion of the Agreement, in particular according to the economic situation of the publisher and the evolution of its tariff policy.
V.-At least three quarters of the expenditure on the acquisition of rights to broadcast cinematographic works Original French and works satisfying the conditions laid down in Article 10 of Decree No. 99-130 of 24 February 1999, which were not broadcast in France by a non-payment television service at the sitting, are devoted to independent production, according to the criteria mentioned in Article 21 of Decree No. 2001-1333 of 28 December 2001.
VI. -The publisher undertakes to ensure that the contracts it concludes for the acquisition of broadcasting rights, accompanied where appropriate by co-production shares, contain an encryption of each acquired right, individualizing each broadcast medium, the Number of passages, length of detention and territories involved.
VII. -The obligations and commitments provided for in this Article are appreciated globally for the grouping of
. -Under the obligation contained in II, III and V of this Article, expenditure shall not be taken into account, as defined in Article 20 of the aforementioned Decree, devoted to cinematographic works of category V.
Article 3-3-5
Relations with Cinematographic Producers
The publisher is committed to ensuring equal treatment between dependent producers and independent producers and ensuring free Competition in the film production sector.
Article 3-3-6
Plurality Pluralist Presentation
If the publisher presents the news of cinematographic works in cinemas within programs devoted to this He is committed to ensuring that this presentation is pluralistic and diverse.
IV. -ASSOCIATED DATA AND INTERACTIVE SERVICES
Appendix 5 to this Agreement for Associated Data and Interactive Services will be completed later in the future.
4th PART
Contractual Control and Penalties
I. -
A. CONTROL -Control of the company
Article 4-1-1
Evolution of shareholding and steering bodies
The publisher immediately informs the Conseil supérieur de l' audiovisuel of any change in the amount of social capital As well as any change in the allocation of 1 % or more of the share capital or voting rights of the holding company. The amendment shall be assessed in relation to the last distribution communicated to the Senior Audiovisual Council.
The publisher shall inform the Senior Audiovisual Council, as soon as it becomes aware of it, of any changes in control as well as of the Any change in the allocation of 5 % or more of the share capital or voting rights of the company (s) which control, where appropriate, the holding company, within the meaning of Article 41 (3) of the Act of 30 September 1986, as well as Of the potential intermediary companies. The amendment is appreciated in relation to the last distribution communicated to the Higher Audiovisual Council. In the case of companies whose shares are admitted to negotiations on a regulated market, the publisher shall inform the Conseil supérieur de l' audiovisuel of any crossing of thresholds for participation in their social capital, as soon as it has Knowledge, under the conditions laid down in Article L. 233-7 of the Commercial Code and, where appropriate, by their statutes.
The publisher undertakes to communicate, at the request of the Conseil supérieur de l' AV, the detailed composition of the social capital And the voting rights of the holding company and of the company (s) that Control, where appropriate, the holding company.
If the elements brought to the attention of the Conseil supérieur de l' audiovisuel pursuant to the preceding subparagraphs seem to raise difficulties with regard to the provisions of Article 42-3 The publisher shall inform the publisher as soon as possible of the law of 30 September 1986.
For the purposes of Article 40 of the Act of 30 September 1986 referred to above, the publisher shall provide semi-annually to the Conseil supérieur de l' audiovisuel les Elements enabling the determination of nationality within the meaning of the second paragraph of Article 40 of the aforementioned Law, of each of its shareholders and the share of its non-Community shareholding. Where the shares of the holding company or of one of its direct or indirect shareholders are admitted to the negotiations on a regulated market, these elements shall consist, at the request of the High Audiovisual Council, in the transmission of the Euroclear statements from the various companies concerned.
The provisions of the preceding paragraphs shall not apply where the company which controls the holding company is itself a publisher of a television service authorised by the Conseil supérieur de l' audiovisuel.
The publisher informs the Council Of the audiovisual media of the name of the legal representative (s) of the company and of the director of publication, within the meaning of Article 93-2 of Law No. 82-652 of 29 July 1982. This information is also brought to the attention of the Conseil supérieur de l' audiovisuel in the event of a change.
Article 4-1-2
Economic Information
The publisher transmits to the Council Within six months after the close of each financial year, the balance sheet, the profit and loss account and the annex to the holding company and the management report of the latter, as provided for in Article L. 232-1 of the code of Commerce.
The publisher communicates to the Conseil supérieur de l' audiovisuel les Documents provided for in Articles L. 233-15, L. 233-16, L. 233-20 and L. 233-26 of the Commercial Code and, at the request of the Conseil supérieur de l' audiovisuel, the documents referred to in Article L. 232-2 of the same code
Audiovisual Senior Council, at its request, the annual balance sheets and annual reports of each of the shareholders holding on their own account at least 5 % of its capital.
The publisher transmits to the Senior Audiovisual Council, in Application of Regulations Nos. 98-01, Nos. 98-02 and 98-07 of the Commission of Information published in connection with an exchange transaction concerning the holding company.
The publisher shall communicate for information to the Conseil supérieur de l' audiovisuel, in the context of the annual report provided for Article 4-1-4 of this Convention or at the express request of the Conseil supérieur de l' audiovisuel, in addition to the table of subsidiaries and holdings, the characteristic published data on the activity of subsidiaries or sub-subsidiaries Significance is significant at the level of assets or the results of the The holder or the group.
In the course of the exercise of its tasks, the Conseil supérieur de l' audiovisuel may ask the publisher to provide it, in confidence, with information on the diversification activities itself, or One of its subsidiaries, develops in the sectors of culture and communication and revenue generated by these activities.
B. -Monitoring of compliance with obligations
Article 4-1-3
Control of Programs
For the purpose of monitoring the broadcast program, the publisher agrees that one of its distributors will provide the Board with free Audiovisual means of access to the service, within the limit of twenty-five, regardless of the medium.
The publisher shall communicate its programs to the Conseil supérieur de l' audiovisuel at least 18 days before their release.
The publisher retains Four weeks at least one recording of the broadcasts it broadcasts As well as the corresponding program drivers. It also makes the necessary arrangements for the retention of documents liable to give rise to a right of reply as provided for in Article 6 of the Law of 29 July 1982.
Article 4-1-4
Compliance Information
In accordance with the provisions of Article 19 of the Act of 30 September 1986, the publisher shall communicate to the High Audiovisual Council all information That the latter considers necessary to ensure the publisher's compliance with the Legal and regulatory obligations as well as those resulting from this Agreement.
This information, provided in confidence, includes, in particular, at the request of the Senior Audiovisual Council, the full copy of the Contracts for orders and purchases of audiovisual and cinematographic works.
They also include, at the request of the Conseil supérieur de l' audiovisuel, the communication of the copy of contracts concluded with non-professionals and Relating to their participation in programmes of board, game or Entertainment, so that the Conseil supérieur de l' audiovisuel is able to verify compliance with the obligations imposed on the publisher. In the event that such contracts are not concluded by the publisher himself but by a production company, the production contract which binds the publisher to the production company must clearly state that the production company will have to, if the Council In fact, a copy of these contracts should be sent to the publisher, who will forward them to the Conseil supérieur de l' audiovisuel. The data provided is confidential.
Data will be communicated according to standards and procedures defined by the Conseil supérieur de l' audiovisuel, after consultation with all publishers, for both Distribution obligations for works only for production obligations.
The Conseil supérieur de l' audiovisuel will endeavour to promote the transmission of information using computerized media.
The publisher shall communicate to the Council Audiovisual superior, at its request and in confidence, of information Relating to the cost and financing of programmes other than cinematographic and audiovisual works.
In the context of monitoring compliance with its obligations, the publisher shall communicate to the Conseil supérieur de l' audiovisuel, at his request and at Confidential, the hearing studies it holds.
The publisher shall communicate annually to the Conseil supérieur de l' audiovisuel, by 31 May, a report on the conditions of performance of its obligations and commitments for the financial year Previous.
At this time, the list of titles and time volumes for the GST programs Star, GST Cinestar and GST Home Film entering one-third of the different programs of the main GST Star program is communicated to the Conseil supérieur de l' audiovisuel.
The publisher provides the Board annually In confidence, the list of audiovisual production companies, whether French or not, with which it has contracted and which are not independent within the meaning of Articles 7 and 12 of Decree No 2001-1333 of 28 December 2001.
If, in respect of the year concerned, the service was Viewed as an exclusive first cinema service, the publisher communicates to the Conseil supérieur de l' audiovisuel, by 31 March at the latest, the list of seventy-five films, ten of which are original French expression whose rights will Was acquired before the end of the filming, broadcast in first exclusivity out of payment at the meeting within a period of less than thirty-six months after their release in France.
Finally, the publisher provides each year to the Conseil supérieur de The audiovisual of the report on the implementation of the provisions relating to the The dissemination of pornographic programmes or very high violence (category V), as provided for in Recommendation No. 2004-7 of 15 December 2004.
Article 4-1-5
Resuming another service's programs
The publisher communicates to the Conseil supérieur de l' audiovisuel, within eight days of their conclusion, all agreements made for the full or partial resumption of the programs of another television service.
II. -CONTRACTUAL PENALTIES
Article 4-2-1
Home
The Conseil supérieur de l' audiovisuel may, in fact, keep the publisher in compliance with the provisions set out in the agreement and in the amendments that May be appended to it. It makes public this notice.
Article 4-2-2
Sanctions
Without prejudice to the sanctions provided for in sections 42-1 and following of the Act of September 30, 1986, above, the Board of Governors of The audiovisual media may, in the event of non-compliance with any of the provisions of the Convention or of the amendments which may be annexed to it, taking into account the gravity of the failure to fulfil obligations and after formal notice, impose one of the following sanctions against the publisher:
1 ° A financial penalty, the amount of which may not exceed the limit laid down in Article 42 (2) of the Act of 30 September 1986, if the infringement is not a criminal offence;
2 ° The reduction of the duration of the Authorisation to use frequencies within a year.
In the event of a new violation of a stipulation of this Convention which has given rise to a sanction, the Conseil supérieur de l' audiovisuel may impose a sanction Amount of money that cannot exceed the prescribed limit in the event of a re-offending by the section 42-2 of the aforementioned Act of September 30, 1986.
Article 4-2-3
Insert a News Release
In cases of non-compliance with the provisions of this Agreement, the Conseil supérieur de l' audiovisuel May order the insertion in the editor's programs of a release that it fixes terms and conditions of release.
Item 4-2-4
Procedure
Contractual penalties mentioned Articles 4-2-2 and 4-2-3 of this Agreement shall be By the Conseil supérieur de l' audiovisuel in compliance with the guarantees set out in sections 42 et seq. Of the Act of 30 September 1986.
5th PART
Final Stipulations
Article 5-1
Amendment
Nothing in this Agreement shall interfere with any legislative or regulatory provisions that may be applicable after the signing of this Agreement. Be applicable to the publisher.
Any legislative or regulatory change Applicable to the service will result in a revision of the agreement as necessary.
This agreement may be amended by mutual agreement between the publisher and the Conseil supérieur de l' audiovisuel.
A N N E X E 1
Appendix 1 is the one that appears within the agreement entered into on June 10, 2003.
A N N E X E 2
(Program Grid)
Appendix 2 is the one in the Convention concluded on June 10, 2003.
A N N E X E 3
DEFINITIONS
Total annual resources: total, for the current fiscal year, after deducting value added tax:
-resources received by the bundling of services as defined in the agreement for, on the one hand, its operation in digital and analogue mode on networks not using frequencies assigned by the High Council of Audiovisual and, on the other hand, the exploitation of the TPS Star programme on TNT;
-as well as resources from advertising, sponsorship and teleshopping revenues generated by the operation of the service group on the one hand Digital and analog mode on networks not using frequencies assigned by the Conseil supérieur de l' audiovisuel and, on the other hand, for the operation of the TPS Star programme on TNT;
Subscribers: sum of individual subscribers in France to the consortium of services on networks not using frequencies assigned by the Audiovisual Higher Council and the TPS Star programme on TNT, on a regular basis of payment as of 30 June of the current year.
Acquisition of broadcasting rights: contracts for the purchase of broadcasting rights for the grouping of Services. For the purpose of verifying the obligations and commitments set out in Article 3-3-4 of the Convention, the amount of such acquisitions shall be equal, for a given year, to the amount of the rights of distribution of cinematographic works broadcast in the course of Exercise, increased amounts spent on pre-purchase contracts signed in the fiscal year.
In the event that the acquisition of broadcast rights in the particular fiscal year exceeds the minimum obligation under the section 3-3-4 of the agreement, the excess would be carried forward to the next fiscal year, within the limit 20 % of the total requirement for acquisitions of broadcasting rights.
In the event that the acquisition of broadcast rights in the given year would be less than the minimum obligation set out in Article 3-3-4 of the Convention, the deficit Would be caught up in the following year, within the limit of 20 % of the total requirement for acquisitions of broadcasting rights.
Pre-purchase: purchase of rights to broadcast cinematographic works exclusively before the end of the period Views.
For the editor:
The
representative for the tenant company,
E. Florent
For the Audio Visual
Top Council:
The President,
D. Baudis
