Dealing with foreign programmes The experience of the CSA

Role and missions of the CSA  The Conseil supérieur de l'audiovisuel is an independent administrative authority. It was created by the Law of January 17th, 1989 to guarantee broadcasting freedom in the conditions laid down by the modified Law of September 30th,  The CSA enforces the law over services which fall under french jurisdiction.

Jurisdiction criteria TWF Directive defines the services falling within the jurisdiction of a Member state : - services established in the Member state - non EU services using a satellite capacity or an uplink situated in the Member State (subsidiary criteria) In both cases the retransmission of a service falling under a jurisdiction of a Member state may not be restricted by another Member State

Principles of action The Communication Act of 1986 states that audiovisual communication is free. This freedom shall be exercised with respect for principles of equal value. In particular Article 15, Freedom of Communication Act, 30 Sept states that : « The Conseil supérieur de l’audiovisuel shall ensure that programmes of the radio and television broadcasting services do not contain any incitement to hatred or violence on the grounds of race, sex, morality, religion or nationality.”

The Medya TV Case: example of refusal of an establishment  Med TV which got a licence from the ITC was banned from UK when inciting to violent demonstration after the arrest of Ocalan.  Med TV changed its name and moved to France.  Medya TV introduced in 2002 a request for an agreement with CSA.  The CSA did not answer. This implicit refusal was challenged by Medya TV.  The Conseil d’Etat rejected their request in February 2004, refering to the safeguarding of law and order.  Roj TV was created and granted an authorization by the Danish regulator, despite official protest ofTurkey.

Necessity to monitor extra- community channels Pursuant to the territorial jurisdiction criteria set forth in the Television without Frontiers directive, extra-European channels broadcast on Eutelstat a priori come under the jurisdiction of France. Hundreds of channels are in that situation, most of them causing no problems. CSA’s intervention over extra-community channels aims at preventing hate speech and possible problems of public order in France and in Europe.

Sanctions  Administrative sanctions are issued when broadcasters fail to respect their obligations and commitments.  The CSA can in particular sentence a broadcaster to a financial penalty, suspend a broadcasting licence, reduce its term, or, in the most serious cases, withdraw it. It can also alert the Procureur de la République on cases that may require penal sanctions.  Since July 2004, it can request a satellite operator to stop broadcasting a channel.  All decisions may be challenged before the administrative court (Conseil d’Etat)

Examples of sanctions against Non EU services Al Manar Case Sahar 1 Case

Al Shatat

The Al Manar Case (I)  October 2003 : broadcasting on Lebanese channel Al Manar, relayed by Eutelsat, of the television film Al Shatat.  13 January 2004 : CSA submitted the matter to the Paris Public Prosecutor.  During this first phase, the Conseil did not have the appropriate legal means to efficiently combat this kind of programs. The Conseil was very vocal in demanding them. They were granted through the adoption of the Law of 9 July 2004 which modified the Law of 30 September 1986.

The Al Manar Case (II)  December 2004 : CSA requested from the Conseil d’État, the termination of the broadcasting of Al Manar on Eutelsat.  After deciding to terminate the agreement with Al Manar for the satellite broadcast of its programmes in Europe, the CSA informed the Commission and all European regulators.

The Al Manar Case (III)  Al Manar TV, branded a terrorist organization by the United States, was forbidden by the US State department a few days after the decision taken by the CSA. Signal from Intelsat was switched off.  Until March 2005, the programs of Al Manar continued to be broadcasted through a European Satellite operator (NSS). The Dutch Authorities acted following a letter by the CSA.  Al Manar is still available on Arabsat and Nilesat

The Sahar 1 Case  10 February 2005, after the broadcasting by this Iranian public channel of Al Shatat and of a « debate » with Holocaust deniers, the CSA requested Eutelsat to stop broadcasting Sahar 1  18 Feb 2005 : Eutelsat refered the case to the Conseil d’Etat which confirmed the decision by the CSA.  3 March 2005 : The Channel was switched off.

Cooperation between regulators  CSA asked the Information Society and Media European Commissioner, Mrs Viviane REDING, to organize a meeting, which took place in march 2005 in order to broach the subject of the regulation of extra-Community channels.  It was agreed that closer cooperation between regulatory authorities is needed to fight incitement to racial or religious hatred in audiovisual content originating in EU countries or countries outside the EU.  A list of measures was agreed to this end : exchange of information, interconnection of databases, restricted internet forum…  The regulators invited the Commission to take this problem into account when updating the « Television without Frontiers » Directive.

Cooperation between regulatory authorities  At EU Level : Follow up meeting, March 2006  At Pan european level : EPRA meeting in Sarajevo, May 2005 Questionnaire established by the CSA  With Mediterranean countries : Paris meeting of the Mediteranean network of regulatory authorities, July 2005

Changes in TWF Directive  New proposal published by the European Commission on Dec  It shall be discussed in the coming months by EU Member states and European Parliament  Extension of the scope of the directive to cover non linear services  Common set of principle for linear (push) and non linear (pull) services including prohibition of incitement to hatred  New subsidiary criteria for satellite channels in line with technological developments to « give players genuine power over the content »  Exchanges of information between regulatory authorities.

Changes in French law (january 2006)  An amendement to the law was adopted in january 2006, making it no longer necessary for non EU channels to enter into a legal agreement with CSA.  These channels still have to comply with the law. CSA will keep its capacity to act against the satellite operator which carries them.  This change does not affect the sanctions taken against Al Manar and Sahar 1.  It will in fact simplify the task of the CSA when it needs to take action ending the « double track » procedure which proved to be cumbersome in the Al Manar Case.

Pending Issues  Mutual recognition of sanctions between EU Member states  Services accessible in Europe through non EU satellites  Services accessible in Europe via internet.

Questions and Answers,