The Minister of Culture welcomes the publication today at Official journal of six decrees relating to the audiovisual sector. Five of these decrees complete the transposition of the directive «audiovisual media services» 14 November 2018, which opened up the possibility of having foreign actors contribute to our financing system for film and audiovisual creation. As a follow-up to the transposition of the SMA Directive, the Government also wanted to modernise the framework of the obligations of national actors to contribute to audiovisual and film production and adapt it to the digital age.
Five of these decrees make it possible to complete the transposition into domestic law of the directive «audiovisual media services» of 14 November 2018 (SMA directive).
This transposition was largely carried out in the context of the order of 21 December 2020 amending the audiovisual law of 30 September 1986 on freedom of communication, which then referred to implementing decrees.
This transposition continued in 2021 with the publication on June 22, 2021 Decree on audiovisual media services on request (SMAD Decree). The purpose of this decree was to implement the option left to Member States by the SMA directive to impose on foreign digital platforms that target the French territory a contribution to the financing and distribution of European works. This allows us to ensure the sustainability of our system of financing creation, especially independent. The SMAD decree provides for ambitious production contribution obligations.
The Directive, which was adopted under the decisive impetus of the French authorities, is a particularly important innovation for the system of financing national film and audiovisual creation. It allows France, as well as each Member State of the European Union, to apply its own production contribution regime to foreign television channels and video-on-demand platforms offering a service in France. The French authorities obtained this major step forward in defending the cultural exception in the context of the negotiation of the directive which took place between 2013 and 2018.
This system for on-demand audiovisual media services has just been supplemented by a decree applicable to cable and satellite channels. The latter Order is itself accompanied by an Order in Council applicable to cable and satellite radio services;. Like the SMAD decree, the cable-satellite decree provides substantial relief to publishers, particularly the most vulnerable of them, by setting thresholds for triggering contribution obligations based on turnover and audience. It also provides for mechanisms for reducing obligations according to turnover and the geographical extent of acquired rights. It sets ambitious obligations for international actors to integrate this regime.
Finally, three other decrees complete the transposition of the SMA directive:
- The first is related to commercial communications on video sharing platforms. It also extends by eight months the period of experimentation of the authorization of television advertising in favour of cinema by delaying the expiry date of this experimentation from 6 February 2022 to 6 October 2022 to take account of the closing of cinemas from end of October 2020 during the second national lockdown.
- The second completes the dispute settlement procedure with ARCOM.
- The third relates to procedures for the obstruction and anti-delocalisation of television and audiovisual media services on demand.
Following the transposition of the SMA directive, the Government also wanted to modernize the framework of obligations that apply to national actors and adapt it to the digital age.
Thus, Decree No. 2021-1926 of 30 December 2021 on the contribution to the production of cinematographic and audiovisual works of terrestrial television services (DTT Decree), as well as the Cable-Satellite Decree, continues a triple objective :
- simplify the regulatory framework, with greater reference to the agreements concluded between publishers and the Audiovisual and Digital Communications Regulatory Authority (ARCOM) and to inter-professional agreements;
- rebalance the playing field and ensure equity between linear and non-linear services on the one hand, and between national operators and extranationals on the other;
- give historical broadcasters the means to make better use of the works they finance.
The TNT decree, like the cable-satellite decree, is based on a balance between an ambitious concept of financing production, especially independent, and taking into account equity between broadcasters and their economic models.
In this respect, the list of expenses that channels may declare under their obligations is expanded. The share of independent production is reduced in audiovisual matters. Conventional modulations are extended. The conditions for holding co-production shares are relaxed. For DTT channels, access to extended digital rights is facilitated. At the same time, the duration of rights is regulated and the prohibition of the detention of warrants by the chains is extended.
 Decree no. 2021-1924 of 30 December 2021 on the contribution of cinematographic and audiovisual publishers of television services distributed by networks not using frequencies assigned by the Autorité de régulation de la communication audiovisuelle et numérique which replaces Decree No. 2010-416 of 27 April 2010 (cable-satellite decree)
 Decree no. 2021-1927 of 30 December 2021 on the publishers of radio services distributed by networks not using frequencies assigned by ARCOM, taking up the provisions of the cable-satellite decree of 27 April 2010
 Decree no. 2021-1922 of 30 December 2021 made for the application of Article 60 of Law no. 86-1067 of 30 September 1986 on freedom of communication and laying down the general principles applicable to audiovisual commercial communications provided on video-sharing platforms
 Decree no. 2021-1925 of 30 December 2021 amending Decree no. 2006-1084 of 29 August 2006 made for the application of Article 17 1 of Law no. 86 1067 of 30 September 1986 and relating to the dispute settlement procedure by the Conseil supérieur de l'audiovisuel
 Decree no. 2021-1923 of 30 December 2021 on the procedure for the provisional suspension of the retransmission of certain television and audiovisual media services on request and on the procedure to prevent the circumvention by these services of Law no. 86-1067 of 30 September 1986 on freedom of communication