Key Benefits:
The Conseil supérieur de l' audiovisuel,
Due to Act No. 86-1067 of 30 September 1986 on freedom of communication;
In light of Decree No. 92-280 of 27 March 1992, as amended For the application of Articles 27 and 33 of Act No. 86-1067 of 30 September 1986 on freedom of communication and laying down general principles defining the obligations of the publishers of advertising, sponsorship and Teleshopers, in particular the V of Article 15;
In view of the Convention concluded on 29 May 2000 and amended by the amendment of 24 December 2002 between the company Canal + SA and the Conseil supérieur de l' audiovisuel, in particular the second paragraph of Article 34 thereof (former Article 29);
In view of the date of deliberation of 21 January 2003 by which the Conseil supérieur de l' audiovisuel challenged Canal + SA to comply with the provisions of Article 15 of the Decree of 27 March 1992 mentioned above and The provisions of the second paragraph of Article 29 (now Article 34) of the aforementioned Convention;
In view of the date of deliberation of 10 June 2003, by which the Higher Council for the Audio-Visual Arts decided to initiate a penalty Against the company Canal + SA after reading, on 23 March 2003 and on 17 May 2003, a possible excess of the maximum advertising time that Canal + has the right to broadcast for a given hour;
In view of the presentation report prepared by the Legal Directorate of the Conseil supérieur de l' audiovisuel in connection with the sanction procedure against the company Canal + SA after hearing on 25 November 2003 MM. Olivier Courson and Roger Coste and Mrs Pascaline Gineste, representing the company Canal + SA;
After hearing on 25 November 2003 MM. Olivier Courson and Roger Coste and Mrs Pascaline Gineste, representing the company Canal + SA;
Considering that under the terms of the V of Article 15 of the decree of 27 March 1992 mentioned above The maximum amount of time devoted to the dissemination of advertising is Fixed by the conventions and specifications under the following conditions: 1 ° for the publishers of national services broadcast by terrestrial hertzienne authorised pursuant to Articles 30 and 30-1 of the Act of 30 September 1986 Above, it shall not exceed six minutes per hour on average daily over all programming periods during which such broadcast is permitted, or twelve minutes for a given hour [...] " ; that in accordance with the second subparagraph of Article 34 (former Article 29) of the aforementioned Convention " The maximum time devoted to the dissemination of advertising messages may not exceed 10 % of the total daily broadcast time of each of the programmes referred to in the article 1, without being able to exceed 20 % of an hour within them ' ; that the Conseil supérieur de l' audiovisuel, by deliberation of 21 January 2003, has maintained the company Canal + SA to comply with these provisions;
Considering that Canal + broadcast on March 23, 2003, between 1345 '12' and 14 h 45 '12', 13 minutes and 15 seconds of advertising, which is a maximum of 1 minute 15 seconds of the maximum advertising time that it is entitled to broadcast for a given hour; that Canal + broadcast on May 17, 2003, between 20 h 03 '58' 'and 21 h 03' 58 ' ', 12 minutes and 17 seconds of advertising, which is a 17-second exceedance of the maximum advertising time it is entitled to broadcast for a given time;
Considering That Canal + SA, publisher of the television service Canal +, thus disregarded the V of Article 15 of the Decree of 27 March 1992 and the second paragraph of Article 34 (former Article 29) of the aforementioned Convention;
Whereas, under the Article 42 (1) of Act No. 86-1067 of 30 September 1986, if Canal + SA does not comply with the warnings addressed to it, the Conseil supérieur de l' audiovisuel may impose a financial penalty on it; Under Article 42 (2) of Act No. 86-1067 of 30 September 1986 The amount of the financial penalty must be based on the seriousness of the infringements committed and in relation to the benefits derived from the breach without exceeding 3 % of turnover excluding taxes, carried out in the last closed year calculated over a twelve-month period. This maximum shall be increased to 5 % in case of a further breach of the same obligation " ;
Whereas, having regard, on the one hand, to the gravity of the failure committed, on the other hand, to the advantages that may have been derived from that failure by the publisher of the Canal + television service, it is appropriate to impose a financial penalty of EUR 70 000 on Canal + SA;
After deliberation,
Decides:
Channel + SA will pay to the Treasury (Industry Financial Support Trust Account 70 000 EUR.
This decision shall be notified to the company Canal + SA, to the Minister of Culture and Communication, Chief Authorising Officer for Special Assignment Account No. 902-103 (financial support for the film and audiovisual industry), and to the Minister delegated to the budget and to the Budgetary reform and will be published in the Official Journal of the French Republic.
Done at Paris, December 9, 2003.
For the Audio-Visual Higher Council:
The President,
D.
Baudis
