Key Benefits:
Decree n ° 2003-960 of 7 October 2003 amending Decree No. 92-280 of 27 March 2003 1992, beginning on January 1, 2004, opens to the literary publishing sector the advertising screens of the " Television services exclusively distributed by cable or broadcast by satellite ".
The Need for Harmonization with Regulation Publicity which this opening implies leads the Conseil supérieur de l' audiovisuel to specify, within the framework of its interpretative power, the conditions under which, on the antenna of those services, television advertising in favour of The literary publishing sector.
The following directions, intended to enlighten publishers of television services on the guidelines that guide the board in its enforcement mission, will, of course, Be evaluated on a case by case basis.
I. -Banned areas of television advertising
Advertising messages in favour of literary publishing must include prohibitions on access to Television advertising in certain sectors, either for reasons relating to the protection of public health or for the preservation of cultural diversity.
A. -Public health protection
1. Tobacco or tobacco products
Pursuant to Article L. 3511-3 of the Public Health Code, is prohibited " Propaganda or advertising, whether direct or indirect, in favour of tobacco or tobacco products
" The first subparagraph of Article L. 3511-4 of the said Code, ' Is considered to be indirect propaganda or advertising in favour of an organization, a service, an activity, a product or an article other than tobacco or Tobacco product when, by its graphic design, presentation, use of a mark, advertising emblem or other distinctive sign, it recalls tobacco or a tobacco product ".
In accordance with the second subparagraph of Article L. 3511-4, these provisions are not applicable " Propaganda or advertising in favour of a product other than tobacco or a tobacco product that was placed on the market before 1 January 1990 by a company legally and financially Separate from any business that manufactures, imports or markets tobacco or a tobacco product. The creation of any legal or financial link between such undertakings lapses this derogation ".
Subject to this reservation, both advertising in favour of a book specifically devoted to tobacco or its products should be prohibited. Advertising for any other book that would refer to tobacco or tobacco products.
would not be in the field of advertising for a book that addresses the issue from a critical angle.
2. Alcoholic Beverages
In accordance with Article L. 3323-2 of the Public Health Code under which " Propaganda or advertising, direct or indirect, in favour of alcoholic beverages' Is prohibited on television and Without prejudice to the second paragraph of Article L. 3323-3 of the said Code which regulates propaganda or indirect advertising for a product other than an alcoholic beverage, should be prohibited so much publicity in favour of a dedicated book Specifically to alcoholic beverages that advertising for the benefit of any other book whose front cover ostensibly refers to alcoholic beverages or would present their consumption in a favourable light.
Would not enter into the Field of this prohibition advertising for a book that addresses the issue from a critical angle.
3. Drugs subject to medical prescription
Under Article L. 5122-6 of the Public Health Code, " Advertising to the public for a medicinal product is permitted only on the condition that the medicinal product is not subject to Medical prescription, that it is not refundable by compulsory health insurance schemes and that the marketing authorisation or registration does not contain restrictions on advertising to the public due to a Potential for public health ".
As a result, unless it is broadcast by a television service accessible only to health professionals, it should be prohibited so much from television advertising in favour of a dedicated book Specifically to a medicinal product subject to medical prescription only that advertising for the benefit of any other book whose cover would refer to a medicinal product subject to medical
. Advertising for a book that addresses the issue from a generic or critical angle.
4. Firearms
Under Article 5 of Decree No. 85-1305 of 9 December 1985, " To be able to advertise [in favour of firearms and their ammunition] pursuant to Article 3 of the Law of 12 July 1985 Means of audiovisual communication which make available to the public by Hertzian means or any other means, be it sounds, images, documents, data or messages of any kind, shall be without prejudice to others Rules on advertising in the field of audiovisual communication devote more than one third of the part of their programmes left free by advertising to broadcasts relating to hunting, fishing or shooting ".
En As a result, television services that devote more than one third of their programs to programs related to hunting, fishing or sports shooting may broadcast advertisements in favour of books specifically dedicated to television. Firearms or their ammunition.
On other television services, should be prohibited from advertising in favour of a book specifically devoted to firearms or their ammunition, or advertising for the benefit of any other book Whose coverage would be conspicuously referring to firearms or their ammunition, or would otherwise be in favour of their use.
B. -Cinema
Promotional messages for the Cinema sector, with the exception of those broadcast in programmes subject to special access conditions for cinema services distributed by cablecast or broadcast by satellite or terrestrial terrestrial in digital mode, are Prohibited by television.
As a result, advertising should be prohibited for a book specifically devoted to a film being exploited in or about to be operating.
Would not enter the field of this To prohibit advertising in favour of a book about or from a person in the cinema sector, which would be exempt from any express reference to a film in the course of exploitation or on the point of being.
II. -Advertising that may present political content
Under Article 14 of Act No. 86-1067 of 30 September 1986, as amended, " Advertising programmes of a political nature are prohibited ". Pursuant to Article 5 of Decree No 92-280 of 27 March 1992, " Advertising shall not contain any element which may offend the religious, philosophical or political convictions of viewers ".
Subject to their circumvention Manifest, these provisions do not appear to be an obstacle to advertising for a book originating from a political personality, or devoted to a personality, event, party or political grouping, in accordance with the provisions of the article 5 of the decree of 27 March 1992.
During the periods of application of the recommendations of the Supreme Audiovisual Council guaranteeing the pluralist expression of the currents of thought and opinion during the election period, the editors of Television services shall not broadcast advertising in favour of books written by or devoted to a political personality, whatever the title or content, or advertising in favour of books whose title or content is linked
rules specific to the electoral periods will be recalled by the Conseil supérieur de l' audiovisuel in each of its recommendations.
This recommendation will be published in the Official Journal of the Republic French.
Done at Paris, December 19, 2003.
For the Audio-Visual Higher Council:
The President,
D.
Baudis
