Dear Didier Decoin,
Madam President of the SCAM, dear Julie Bertucelli,
Dear Jacques Fansten, President of SACD,
Dear Olivier Schrameck,
Dear Senator David Assouline.
I am particularly pleased to be here with you at this 27th edition of FIPA. This beautiful meeting, which is both federating French audiovisual professionals, and showcasing the global market for audiovisual works.
I congratulate SCAM and SACD for the quality of the debate that has just taken place. He has updated a number of questions that the audiovisual sector has been asking itself in recent months with the public authorities. We must answer them together.
The work of the Chevalier reports on fiction, or Gordey on documentary, and more recently the report submitted to me by Laurent Vallet on the financing obligations for audiovisual production, have made clear findings. They drew up concrete paths, for which the time for concrete action has come (as for the Chevallier report, several recommendations have already been implemented in 2012 and 2013).
These findings support several convictions and guide my audiovisual and film policy:
- our systems are sound in principle. They must be modernized in the face of revolutions digital. I reaffirm here the high relevance of the taxes allocated to support audiovisual and cinema,
- Cultural logic; - and diversity of creation - is first. It must remain a beacon in every adjustment or reform,
- it does not conflict with industrial logic; ! And we know how much the opponents of the French system fear the effectiveness of our automatic supports!
- the support system must be accompanied by a high level of transparency throughout the sector,
- and the public service television (and radio) must play an exemplary role! A role of creative envy and audacity, a role of exhibition of creation.
As in 2013, 2014 should allow concrete progress in terms of financing, modernization of regulation and regulation. Olivier Schrameck spoke about this in the introduction to this morning’s debate.
We must act on three axes:
- The creation must be better accompanied,
- Audiovisual creation must be better funded,
- Audiovisual creation must radiate more.
1.- Audiovisual creation must be better supported, particularly in its “upstream” writing and development phases
We must value the most ambitious and daring writing, directing and production processes. This is how French programs will always be able to fascinate, surprise and captivate the viewer!
- I’m thinking of 52-minute series, genre (Les Revenants), historical (Un Village français) or police (Candice Renoir, Falco, No Limit),
- I am also thinking of shorter formats (Dear Neighbours, Pep’s, Household Scenes),
- And I think of documentaries, which open our eyes to the world (Five Broken Cameras, The Gatekeepers) or allow us to marvel (The most beautiful country in the world).
This work pays! And first in fiction, in the organization of the phases of writing and development. Over the past two years, progress has been made:
- modernisation of CNC support (COSIP and audiovisual innovation fund),
- the FTV Development Charter,
- the interprofessional agreements celebrated last year here,
- The new FEMIS pedagogical training;
- or the enhanced resources of the European Conservatory of Audiovisual Writing.
However, more needs to be done:
- Strengthening the resources devoted to writing and project development,
- In improving author compensation.
This should allow more solid and mature projects to be presented by authors and producers to television channels.
I can already announce that the CNC will increase by 50% the lump sum amount of aid to the concept of the innovation fund ; this device which gives the means to authors, novice and confirmed, to develop serenely new concepts, upstream of the intervention of a producer.
In addition to this measure, I would like to see it closely examined. the proposal that would require producers to devote a minimum proportion of their support account to writing.
Before any regulatory action, let us give preference to interprofessional negotiation. I ask the authors and producers, with the support of the NCC, to take up the subject. And if the conventional route fails, I would ask the TNC to change the rules around that. We have to get it done by the end of March. That gives us two months!
These efforts must be accompanied by a stronger commitment by television channels to creative renewal and risk-taking. They have already embarked on this path, but I call for a real awareness. We cannot accept that the share of foreign fiction continues to grow in the early evening parties.
This new ambition is also true in the documentary. I am in a position to announce an ambitious and balanced reform following a process that has been underway for almost two years.
The support system for documentary creation is very open. Channels can leverage a wide range of programs and programs with the CSA. The CNC’s approach is also very flexible, although more selective, as it bases its aid decisions on cultural grounds.
The reform of COSIP will take into account the diversity of documentary production, but will refocus creative support with the most assertive heritage dimension. And special support will be given to historical or scientific themes, in which France has a formidable know-how which is not sufficiently exploited.
In documentaries as in other types of programs, we must continue to ensure the coherence of the CNC and CSA’s intervention scopes, while respecting the specificities of their missions.
I am also pleased that the reform is helping to increase transparency in the sector. And that it focus on the export and outreach issues of our creation. All of these terms will be communicated to you by the NCC.
It is in this same spirit that I mentioned in my wishes to the press that we needed a better promotion of qualitative measures of the audience. These approaches exist and do not oppose the audience that is important to advertisers, but they deserve to be supplemented and more shared with the public. This is a point on which - I said to the vows - I asked the INA to think about it, in connection with the channels and all the professionals.
2.- Audiovisual creation must be better financed in its new digital universe
That is what this morning’s debate is all about. A word here on the modernization of the tools of the cultural exception committed in 2013, which is sometimes identified in cinema but which affects audiovisual production as well. We were successful:
- the preservation of the audiovisual cultural exception in trade negotiations with the United States,
- the maintenance of criteria for territorialisation of public aid in cinema and audiovisual communication,
- modernisation of the film and audiovisual tax credit,
- establishing a TSTD with a broad base.
The financing of creation was also the challenge of the amendment to the Contract of objectives and means of France televisions.
I have obtained the maintenance of the high level of commitment of the public service in this area to 20% of its turnover. Because I know the vital role that France television plays for the diversity of audiovisual production.
But we must go further to understand the new players in the Internet. This necessarily involves the European Union, to which we intend to make concrete proposals:
- first of all, when revising the ADM (Audiovisual Media Services) Directive, it must be requested to extend its scope, to understand all publishers of audiovisual media services and thus to obtain that the principle of the country of consumption and no longer the principle of the country of establishment is imposed,
- there is a crucial question here of equality between the traditional operators established in France and the new foreign players, who have activities as publishers or distributors even if they highlight a main activity of hosting providers. So this is also a question of equity, The European Commission cannot be indifferent to this. We must be able to draw the consequences in terms of regulation and taxation.
The European forum that I wanted to organize on 4 and 5 April at the Palais de Chaillot with many ministers, artists and international decision-makers will be the opportunity to bring these ambitions to the European level.
And we do not wait for European positions, where possible, to take into account the new modes of broadcasting in the digital age.
- I wanted the advertising and sponsorship income associated with catch-up TV to be apprehended under the TST Editeurs, which was done under the amending finance law;
- as for the video tax (physical and on demand), I have obtained that it also applies to foreign publishers,
- and I intend to defend here too the principle of taxing advertising and sponsorship which can accompany video on demand;
- In the same way, the audiovisual licence fee cannot in the long term do without adapting its base to new uses. The Germans and the Swedes have done that, and we need to think about that as well. I will have the opportunity to discuss this again within the government, taking into account the work done by parliamentarians on the subject.
The Audiovisual Law of 15 November 2013 laid the foundations for an audiovisual regulation that is more rooted in the economic realities of the sector, and which could be further supplemented in the Bill on Creation.
3. - French creation must shine better, at home and abroad
First, it concerns the exhibition and circulation of works in France, in a clarified relationship between channels and independent producers
Broadcasters must be encouraged to finance French production in the best possible way and be able to be interested in the destiny of works, while preserving the independence that guarantees the inventiveness of French production, this is the perspective of the mission I entrusted to Laurent Vallet. And I salute David Assouline, who is here, whose mobilization on this subject in the Senate has been decisive.
The law now provides for the co-production of broadcasters with the independent works they finance, under conditions that ensure the circulation of the works.
In the decree implementing the audiovisual law currently being drafted, i planned that the level of funding triggering the possibility of a co-production is set at 70%, to encourage broadcasters to contribute at a high level to the financing of fiction. The co-production shares thus obtained in the independent part of the channel’s obligations will, however, be capped at 50% of the broadcaster’s investment in the work, in order to preserve its independent character.
I also hope that neither the broadcaster nor the producer will be a priori prohibited from holding marketing mandates. Because it is in everyone’s interest that the “best trader” take and exploit the mandate. Also, as suggested by Laurent Vallet, the decree will establish the principle of an allocation of marketing mandates "within the framework of a fair, transparent, non-discriminatory, time-bound negotiation process".
The decree should also provide for a priority allocation of mandates to the producer, where the latter has a proven capacity (internal or subsidiary) for distribution, or a framework agreement with an independent distributor.
These balances will be found on a case-by-case basis, under the watchful eye of the CSA, which now has a legal mandate to reconcile disputes between broadcasters and producers.
We shall also lay down in the law the principle of mutualisation of production obligations at the level of chain groups, in conditions that promote the circulation of works within each of these groups.
And this must be accompanied by the high level of independent production planned for channel bonds (between 75 and 85% for major publishers). Only the situation of France Télévisions will merit re-examination, since the independent share is 95%, and the dependent share could usefully increase from 5% to 10%.
In the same spirit I am in favour of a total capital independence principle for independent production, by removing the current 15 % threshold.
The last element of the Vallet report that must be implemented is the ethical management of the transition from a program function in a chain to the job of a producer likely to work on that chain. We must avoid conflicts of interest and the public service will lead by example.
But outreach is also the export of French programs
The reasoning for marketing mandates abroad is the same as for the marketing mandate in France: it is necessary to allow the one who is potentially the most efficient for export to take the mandate.
More generally in terms of exports, I would like to commend TVFI for its decisive role in supporting the export of French audiovisual programmes around the world.
The performance of our export audiovisual programmes improved last year, especially in fiction. This is as much due to a better international dimension in the design of the programmes as to the work of TVFI in constantly adapting to the evolution of the international market.
I greet its Director General Matthieu Béjot.
TVFI, with the support of the CNC, is preparing a new digital film viewing tool that the association can make available to its members and their foreign buyers. I will be attentive to the outcome of this work later this year.
I would also like to talk to you about an audiovisual format, which are - needless to say in this professional forum - “program concepts, which are subject to legal protection, editorial declensions and export”.
Well in this field of formats, which concerns games, varieties but also series, we must improve French inventiveness and competitiveness.
On this subject too, we must better structure the relationship between producer and author broadcasters. This is a job that Philippe Chazal has engaged with the Galileo club and the professionals concerned. 2014 will be a year of action and emulation.
I can already tell you my support for launch of the first trophies that will reward the best French formats, at the TVFI meetings, which are held here in Biarritz every year at the beginning of September, and this year on September 7.
The French audiovisual industry is an exporter when it has a national rear base that is ambitious and bold.
This is the case in the animation sector and that is why I agreed with France Télévisions that its amendment to the COM would make France 4 a channel largely dedicated to young audiences during the day.
In conclusion, public action in 2014 for the audiovisual sector will therefore take place very concretely with:
the main recommendations of the Vallet report implemented by a decree finalised before the end of April, with the listening of all stakeholders by DGMIC,
some provisions that will be included in the bill creating, which will be presented in Cabinet in the spring,
and of course initiatives that are not regulated but agreements between professionals.
2013 was a year of often defensive victories for the sector, and I understand that 2014 can be a year of offensive victories, in the peaceful sense of the word (smile), with the global market and all audiences of the world for the horizon.
Thank you.
ONLY THE PRONOUNCEMENT IS AUTHENTIC