Ladies and gentlemen parliamentarians,

Ladies and gentlemen elected,

Ladies and gentlemen Presidents,

Ladies and gentlemen,

Dear friends,

It is a great pleasure to introduce this debate at a pivotal moment for the future of our audiovisual and cinematographic creation.

We have entered a golden age form of fiction.

The programming of this 21e Once again, the festival is a reflection of this.

Again this year, new series, new TV movies, new formats, new viewing modes, new characters, and new ways of telling stories abound here and on our screens.

In recent months, the French series have shown all their vitality:

I’m thinking of “SKAM”, whose season 4 was competing here last year. It’s a real phenomenon, and he was born out of traditional screens.

I’m also thinking of «Astrid and Raphaëlle» (France 2), many of whom are looking forward to the first season after the driver’s success.

I think of the dazzling “Influence Games” (Arte), which was victorious right here last year.

I am thinking of “Hippocrates” (Canal+), or “Red Bracelets” (TF1), which renew the genre of the medical series, which we thought we already knew by heart…

This magnificent vitality, this diversity, are made possible by all those who make French creation alive: our actors, our producers, our directors, our writers, our dialoguistes, our composers, our costumiers, our makeup artists, our scriptwriters, our chef-operators, our assemblers, our decorators, our distributors… and I forget some.

For our fellow citizens to have access to such a diversity of French creations is a source of pride for the minister I am.

It is also a great responsibility for all of us at a time when we must evolve the system that guarantees this diversity.

The observation is shared: the law of 30 September 1986 on freedom of communication, and the regulatory framework that accompanies it, are no longer adapted to the challenges of a sector whose changes, especially digital ones, have been extremely strong over the past 30 years.

There are now strong regulatory asymmetries between actors. Asymmetries that strongly weaken the development potential of all traditional actors.

The logic of strong regulation on which the whole ecosystem is based today has enabled the development of models favourable to pluralism and cultural diversity.

Our collective responsibility is to modernize the framework, while preserving these fundamental achievements.

This modernization of the framework must above all be a project to reaffirm our cultural sovereignty in the digital age.

It must allow us to integrate into our virtuous system of financing creation, but also of protecting all audiences, the actors who, for the moment, escape any form of regulation.

We must make an approach that promotes our view of the world, the essence of our shared values, prevail over strictly commercial logic.

Values based on equality and diversity in all its forms, the defence of pluralism of thought and opinion, the defence of a free and independent creation, both accessible and demanding, putting forward an ambitious conception of copyright.

This is the very heart of our cultural exception.

The President of the Republic expressed this very clearly in his speech to the agents of the Ministry of Culture on the occasion of the 60th birthday.

In a landscape that is completely shaken by the digital revolution and the change in customs, in which international rivalries are intensifying, the answer must not be a simple adaptation to constraints imposed on us from the outside. In international competition, it is the programs that make the difference, their quality and their ambition. Investment in the creative process, writing and innovation is therefore essential.

We need to reinvent our model in order to integrate all stakeholders harmoniously in the service of creation and cultural diversity.

Supporting creation means protecting the rights of creators.

To protect creators, we must put them back at the heart of our cultural policies.

We have to ask ourselves how they fit into our society.

I hear their concerns, their concerns, the difficulties related to their pay or their social protection.

As you know, I entrusted Bruno Racine with a forward-looking mission on the author and the creative act, which should enable us to find the most favourable framework for the development of creation and cultural diversity for the coming years.

He’ll get back to me by the end of the year.

Protecting creators also means defending the French conception of copyright.

This is the meaning of the battles we have fought together, at European level, for the adoption of the copyright and CabSat directives. You know the mobilization that was that of the President of the Republic, and mine, as well as our predecessors, in these battles.

And we did it.

The adoption of these directives by the European Parliament was a huge victory for Europe.

After having played a central role in the negotiations, to promote the French conception of the role of creators, we have a great responsibility.

The responsibility to transpose them quickly and effectively and thus give the other Member States an ambitious signal.

And that is what we have done with the creation of a neighbouring right for publishers and news agencies and that is what we will do for the other parts of the directive.

But the battle is not over.

We must continue to fight to ensure that the fundamental principles of “à la française” copyright are not circumvented.

It is precisely to avoid this that we will introduce provisions to protect moral rights.

They will take the form of:

- Standard clauses for which the payment of NCC assistance will be conditional and a mechanism to prevent so-called “buy-out” practices, which we could translate as a “lump sum purchase”; if the term does not really exist in French, it is foreign to our conception of copyright.

- The APF will need to take this into account when verifying the obligations of broadcasters.

These practices are often those of new foreign actors, who are used to practising other rules.

But the message of copyright protection is for everyone.

Because we will not accept ignorance of the principles of copyright.

And we will not accept that other players in the value chain seek to exclude the authors of the created value.

I want to be clear with the broadcasters: the debates on «direct injection» do not need to be, a fortiori after the adoption of the CabSat directive.

Even if it is not yet transposed, it would be incomprehensible if the principles laid down were not applied.

I want to be clear, too, with producers: we will be ambitious about transposing the copyright directive. You can be assured of that. There is no question of giving up the guarantees that it provides.

I am thinking in particular of the compensation adjustment mechanism.

However, I will be careful not to create legal uncertainty. We must also keep the benefits of negotiated agreements on operations and transparency. 

Finally, I would like the act to provide for a real association of authors in the negotiations of agreements concluded between broadcasters and producers for the provisions that affect them.

Supporting creation also involves promoting true “national champions” and the vitality of a diverse creative fabric.

In a model like ours, organized around a logic of interdependence, it is necessary to create the conditions for balanced partnerships that respect the diversity of all actors.

Opposing the chains and the rest of the creative ecosystem makes no sense.

The good financing of creation depends on the dynamism of the broadcasters.

Allowing chains to have additional resources is beneficial to creation, since their contribution to the financing of creation is based on their turnover.

I will not go into detail about the opening of advertising that we are considering or the end of prohibited days.

The goal is to give television channels the means to play on equal terms with the digital giants, without jeopardizing the sustainability of other media, essential to pluralism.

Of course, we will only achieve our objectives of defending creation by encouraging «virtuous» actors. It is by no means a question of being less vocal about the objectives of financing creation. And it is fitting: this is not our project!

On this point, I want to be very clear: the purpose and effect of the act will not be to reduce the contribution to funding the creation of broadcasters.

What we want to do is allow broadcasters to better value their investment in creation, while protecting independent production.

Of course, among these national champions, public broadcasting holds a special place.

It plays a central role in the entire creative ecosystem.

It generates 50% of investments in fiction, which makes it the leading funder of television creation in France.

It must and will remain. The transformation efforts requested will not affect the priority given to creation, which is on the contrary reaffirmed.

I would add that a specific contribution to the public broadcaster, capable of guaranteeing the means and independence of companies, will be maintained beyond the abolition of the housing tax on which it is now based. Reflections on its new architecture continue.

Public broadcasting must continue to take risks, to support new writings, new formats; to spearhead the development of exclusively digital creations.

France Télévisions started with francetv slash. We have to go even further.

The success of our public broadcaster also depends on its ability to work with other actors:  

 

With other European actors:

- Through co-production projects with other public channels, as France Télévisions has already undertaken;

- Or the European platform of youth creation programmes provided for in the Treaty of Aachen, which naturally has a vocation to be managed by Arte.

With other French television actors as well.

- In this regard, I am pleased with the decision handed down this summer by the Autorité de la Concurrence, which will allow the rapid launch of Salto.

In order to make public broadcasting a reference in Europe, it will need adapted governance to serve common projects.

This is a very important issue, and I know there are a lot of expectations.

I will have the opportunity to speak to this issue in the coming days.

We must also reinforce the independent production model and support the structuring of the sector.

This model is recognized by all as an essential element of the dynamism of our ecosystem.

The report by Dominique Boutonnat, released last spring, reminded us that it is their risk-taking that makes the success in theatres and on screens, the diversity of our creation, and the influence of France.    

It is in this line that the President of the Republic announced last May an unprecedented effort in favour of access to finance for the cultural and creative industries.

An investment fund of 225 million euros will be created at Bpifrance, and part will be devoted to audiovisual and film companies, for equity investments.

In addition, the Institute for the Financing of Cinema and Cultural Industries (IFCIC) will strengthen its participatory loan interventions.

These new devices will be available very soon.

Supporting creation also means integrating into our model the new players who, for the time being, escape any form of regulation.

A virtuous model, unique in the world, that carries our values, and benefits those who are the best allies of creation.

A model in which those who disseminate the works finance those who create them.

This is one of the great ambitions of the legislation that I have.

Integrating does not mean opposing.

I am telling you very clearly that audiovisual reform will not be “against” platforms.

She’ll be with them.

Not wanting to renounce what we are, our model, its philosophy, is not to oppose novelty.

The actors who have emerged through digital are not a threat in themselves; they are one when they do not play the game, or take advantage of a legal vacuum.

They provide a service that our citizens appreciate.

And they offer our creators immense opportunities.

Creative opportunities, because they often leave artists a great deal of freedom.

Dissemination opportunities, because they have a multiplying audience, all over the world.

On the other hand, this artistic freedom for our talents, when it exists, is accompanied by contractual stipulations that are incompatible with two «categorical imperatives» of the Minister of Culture that I am: the foundations of our copyright, on the one hand, the independence of our producers, on the other.

The working methods, the contractual conditions imposed by these broadcasters—I am thinking of transfers of property rights, compliance with the author’s “final cut”—are now very different from ours. As I said, there will be provisions in the act to prevent that.

It is on these conditions that they can contribute to the influence of French creation.

And they will contribute even more, once integrated into our model.

They will be subject to the same obligations as the other broadcasters to finance creation; to the same taxes allocated to the CNC.

They must also be agreed by the CSA. They will therefore be subject to the same obligations, to the same sanctions regime, to the same control of the CSA as other players.

The new financing mechanism for creation must be both simple and ambitious, and must allow, in particular by giving more room to agreements, greater flexibility for all actors.

First, the legal and regulatory base must be simplified

All players targeting the French market will be subject to investment obligations in creation. Separate obligations between cinema and audiovisual. I want to make it clear that there will be no merger of obligations.

Then, part of the obligations will have to take the form of pre-financing, for all the major players, including the SMAD. This is a real reinforcement of the logic of pre-financing, which does not apply today to SMAD.  Pre-financing, as we all know, is essential for risk-taking and innovation.

The levels of obligations will be different depending on the nature of the programming, with higher rates for services broadcasting exclusively or mainly works than for services also broadcasting programs, flows, information…

All actors, including SMAD, will also be subject to investment obligations in independent production according to a clearer and more ambitious definition.  

The principles of these obligations will be set out in the law, and their criteria will be specified by decree: no capital link, no holding of co-production shares, holding of mandates by the producer, extent and duration of rights limited, mandatory delegated production. With regard to the «American model», the obligation of delegated production is a real revolution.

This new mechanism will also be based on strengthening the role of the CFS and professional bargaining.

This new model should allow for greater responsiveness to changes in the context and an adaptation to the editorial specificities of each publisher:

The role of professional agreements will be strengthened:

- To determine the overall balance specific to each publisher, as regards the investment rate, the respective share of cinema and audiovisual, the extent of rights or the diversity of productions; 

- But also to adapt to different situations the rules on independent production, the main parameters of which will be set by a decree «by default», that is to say applying only in the absence of agreement.

The role of the APF will also be more important.

SMAD, both French and foreign, will have to conclude an agreement with him.

In addition, it will have enhanced control capacities and mechanisms for exchanging information with the tax administration and the TNC to ensure compliance with obligations.

Finally, the Ministry of Culture will intervene to establish “safety nets” to promote negotiations and ensure their balance:

- An Order in Council will set “floor” sliders to encourage negotiation,

- And the Minister will approve the agreements relating to independence, with regard to the counterparties accepted on both sides, taking into account the opinion of other interested parties (and in particular the representatives of the authors).

This decree will therefore pursue two objectives: to encourage negotiation, and to compensate its eventual failure.

In total, what is proposed to you is a more flexible architecture: the negotiation of agreements, allowing the elaboration of the convention, with a regulatory «safety net» securing the minimum basis of negotiations, that will be set in such a way as to encourage stakeholders to favour the conclusion of an agreement rather than the application of the default order.

Finally, supporting creation requires renewed, modernized and rethought regulation.

We need a regulator that is able to effectively address the entire ecosystem and audiovisual issues, particularly with regard to digital players.

New and traditional players must enter the field of the same regulation.

The APF and HADOPI jurisdictions and interlocutors have come closer together. We have to take all the consequences.

That is why we will merge these two authorities to bring together, within a single regulator, the protection of copyright and the promotion of funding for the creation, cultural diversity and dynamism of the audiovisual landscape.

We will also need to ensure more effective cooperation between the CSA and ARCEP on issues of common interest. This cooperation will involve cross-membership, a common dispute settlement mechanism and a common service.

We will also give the new authority stronger powers to combat piracy.

The answer we are giving him today is too partial.

Yesterday we were looking at peer-to-peer downloading.

Today, piracy is almost 80% by «streaming» or direct download.

We need to update.

For too long, we have focused on those who download illegally, and not enough on those who broadcast illegally.

But they are the ones who organize piracy; they are the ones who prosper this looting.

It is to them too that we must take firm action.

That is what we will do.

We will focus our actions on pirate sites, while keeping the existing device against peer-to-peer download.

We will expand content recognition technologies.

We will create a new referral procedure for sports piracy.

We will prevent the resurgence of mirror sites through more effective court decisions.

For this, we will draw on the work carried out in the framework of Laetitia Avia’s bill on the fight against hate on the internet.

We will entrust to HADOPI a mission of characterization of pirate sites, by publishing «blacklists».

These will allow advertisers, payment services or search engines to know about illegal sites and to cease any relationship with them.

Finally, we will give the new authority greater powers to protect audiences, regardless of the way content is distributed.

By transposing the audiovisual media services directive, the CSA will ensure that video sharing platforms established in France, such as Dailymotion, better protect audiences.

It may require mechanisms for classifying or notifying content; age verification and parental controls.

This competence will be complementary to the mechanism for the removal of hate content that will be granted to it by the Avia bill, which is currently being adopted.

With this new, expanded and relaxed regulation, we want to put an end to the idea that the Internet would be a lawless zone.

Before I give you the floor, there is a calendar item.

The draft law will be made public at the time of its transmission to the Higher Council of Audiovisual in the coming days;

On the evolution of relations between producers and broadcasters: this point is largely a matter of the decree. The law will limit itself to guaranteeing the essential principles and the overall architecture of the system. So we have plenty of time in the coming weeks to discuss the appropriate parameters.

We will not rush. Nevertheless, we have a responsibility to move quickly, because there is in particular an urgent need to transpose European directives.

The will of the Government is therefore that negotiations between producers and broadcasters begin quickly, so as to lead to the adoption of the law. I will be the guarantor of their balance, perhaps if necessary by appointing a mediator to accompany these negotiations.

Ladies and gentlemen,

I want to tell you how important the reform of the audiovisual sector is. It is a matter of adapting our model and reaffirming our cultural sovereignty. I speak loudly about this project. You know my commitment.

I want to move it forward by a simple, but rigorous and effective method: by concerted action and, as far as possible, by consensus.

My dear friends, you know that we are facing a considerable upheaval in your professions. I can tell you: you will find the State at your side to support and accompany you.

But I also want to tell you that it is only through collective work that we can defend the ideals we share and our cultural sovereignty. Together, and in solidarity, the future of the sector will be driven by this tremendous energy that will allow us to place ourselves in a sustainable, plural and bold perspective.