Ladies and gentlemen,
Dear friends,
I am very pleased to be able to bring you together today, for the signing of a Charter comes the conclusion of more than two years of discussions. It’s a real satisfaction, and I want to thank all of you again for the work that led to this document. The agreement found is truly founding, in two ways: first in terms of method and then in terms of content.
Founder in terms of method, first of all. This is the first time we have come to this type of text through mediation. You are demonstrating the relevance and effectiveness of this mechanism. Through dialogue, through consultation, you have all managed to find a constructive solution to a situation that could have been confrontational.
The dialogue was first of all useful to take the full measure of the evolutions at work:
For book professionals, the emergence of digital marketplaces and the development of second-hand sales are new realities that are difficult to grasp. They are seen as opportunities by some, but also, frankly, as potential threats by others.
On the “market places” side, books are one of the sectors of activity, and it was a question of being able to put the finger on its specificities. I am therefore pleased that a dialogue has begun. And I am especially pleased with the favourable outcome of the work, which was conducted under the aegis of the Book Ombudsman or rather two successive Ombudsmen:
Laurence ENGEL, first of all, who installed this new authority and who initiated the consultation in spring 2015, upon referral of the professional organizations;
Marc SCHWARTZ, then appointed Ombudsman in the summer of 2016, which brought this discussion to a successful conclusion and made possible the signature we are witnessing today.
On the method, always, the Charter found is foundational since it formalizes the framework of dialogue. So this is a starting point, not an outcome!
The text first defines principles and objectives, and leaves it up to the actors to define the modalities of application.
It is a guarantee of accountability, but also of pragmatism and efficiency.
As digital innovation results in a constant change in practices, it would be ineffective and especially insignificant to try to freeze solutions.
This Charter is a living text, which has a vocation to evolve.
It has taken a step forward, but above all it has helped to willpower and a frame concertation.
I am pleased that this consultation has been able to begin. It must continue.
This is essential for the book industry. This dialogue must reinforce the model of regulation that is unique to it, and that remains unequalled.
I come now to the founding character of the Charter on Content. In the digital age, it reaffirms the LANG law as a pillar of our cultural policy. And it reinforces its proper application.
The single price system laid down by the 1981 Act is a very effective method of regulation.
It is a mechanism that preserves the entire industry: the price of the book is set by the person who produces it, the publisher – not the marketer – and it ensures the remuneration of all the links in the chain: from authors to retailers.
The referral made by the professional organizations and the Charter signed today testify to the visceral attachment of stakeholders to this system.
The whole industry knows what it owes to this mode of regulation.
And it is very vigilant against anything that could threaten it – directly or indirectly.
This system has proven its effectiveness for more than 35 years: France is home to an exemplary, rich and diversified editorial production;
And it has a unique network of independent bookstores.
Many countries have taken inspiration from it and have adopted an equivalent regime.
This system is now being challenged by the development of new digital marketing methods.
The single price is not always respected by sellers and resellers on marketplaces.
It’s not a question of stigmatizing e-commerce; it’s a question of ensuring that the law is applied consistently and for everyone in the same way.
The Charter that you have discussed makes it possible to transpose into the world of electronic commerce the regulatory practices that have been designed for the physical universe.
I recall the main principles. They are essential for the balanced development of online marketplaces and second-hand book sales.
The Charter specifically links platforms to monitoring compliance with the LANG law through the implementation of automated, preventive or corrective mechanisms;
The Lang Act is original in that it implements a form of regulation of the sector by the actors themselves, since it is the publishers who set the prices.
The Charter extends this logic by proposing to online platforms to contribute to the proper application of the law and to assume a share of responsibility in the regulation of the sector.
The Charter provides for reporting procedures and sanctions against sellers who do not apply the Single Price on marketplaces;
It also reminds us of the need to clearly distinguish between new book offers and second-hand offers. This is a very important point: the notion of a single price must not be affected in the minds of customers by an ambiguous display. You said that very explicitly in the charter, and I appreciate that.
Finally, the Charter states that the proper application of the LANG Act implies not to suggest that a new book can be bought at a price other than the price fixed by the publisher.
All these measures contribute directly and effectively to strengthening the enforcement of the LANG Act, as well as strengthening its cultural objective.
However, the work is not finished, and I was saying that the dialogue must continue.
The text you are signing today is “founder”: it means that it must be followed by other steps.
I will be very vigilant and demanding to meet the upcoming deadlines.
In the next 6 months, you will have to find an agreement on the principle and the modalities of application of the rules of distinction between the new and the opportunity that you yourself have chosen, for the pages of the sales sites that give the result of the searches of the users.
I hope that the dialogue between you will resume as soon as possible, under the aegis of the new Book Ombudsman.
You have not escaped the fact that this position has been vacant for a few weeks, since it is the incumbent I called to run my firm…
But I want to reassure you that his successor will be appointed very soon.
It will be responsible for bringing to a successful conclusion the discussions that will complete the construction of this new framework.
If you do not find an agreement within 6 months, the Government will assume its responsibilities, so that the principles you have defined can be fully implemented.
I also expect the next Book Ombudsman to be able to associate new signatories.
It is a matter of fairness and competitiveness: the operators who have agreed to adhere to these commitments impose new constraints. It is not conceivable that they could be penalized commercially against competitors who do not respect the same principles.
It is also an issue of coherence of our policies: a regulatory mechanism, even of a conventional nature, cannot see its perimeter limited to certain spaces without losing legitimacy, and thus efficiency.
Each of us will therefore have to ensure that the Charter is gradually applied to all places where books are sold – as diverse as they are, as diverse as they may remain.
That’s the timeline. I’m counting on you to stay engaged.
In the immediate future I congratulate you once again on the agreement reached by conciliation.
I am delighted to see you initialling this founding agreement today. I thank our two Ombudsmen, who have enabled it to exist.
I invite you to sign the text.