Media System of France
report by our correspondent Prof. Claude-Jean Bertrand
for the
Study on Co-Regulation Measures
in the Media Sector
Study commissioned by the European Commission, Directorate Information Society
Unit A1 Audiovisual and Media Policies, Digital Rights,
Task Force on Coordination of Media Affairs
DG EAC 03/04
This report is part of the research which has been done for the study on “Co-Regulation Measures in the Media Sector”. The Study is commissioned by the European Commission, Directorate Information Society, Unit A1 Audiovisual and Media Policies, Digital Rights, Task Force on Coordination of Media Affairs (Tender No. DG EAC 03/04).
The above study aims at providing a complete picture of co-regulatory measures taken to date in the media sector in all 25 Member States and in three non-EU-countries, as well as of the research already done. The study will especially indicate the areas in which these measures mainly apply, their effects and their consistency with public interest objectives. In this context, the study will examine how best to ensure that the development of national co- and self-regulatory models does not disturb the functioning of the single market by re-fragmenting the markets. This study started at the end of December 2004, the final report will be compiled by the end of December 2005.
More information on the study can be found at http://co-reg.hans-bredow-institut.de
All rights reserved.
The HBI or EMR are not liable for the contents of the report. In doubt viewpoints expressed in the report are purely personal and may not in any circumstances be regarded as stating as an official position of the HBI, EMR or the organisation the correspondent works for.
If you have any questions or comments feel free to contact the contractor of the study Hans-Bredow-Institute for media research (HBI) Heimhuder Str. 21 D- 20148 Hamburg
info@hans-bredow-institut.de / http://www.hans-bredow-institut.de
or the sub-contractor, who is responsible for coordinating and organizing the research in the EU Member States:
Institute of European Media Law (EMR) Nell-Breuning-Allee 6 D-66115 Saarbrücken
emr@emr-sb.de / http://www.emr-sb.de
Hamburg, 20 July 2005
Introduction
General remarks
Opinion surveys done annually since 1987 show considerable distrust for the media on the part of the public1. This is partly due to the corruption, propaganda, partisan distortion, incompetence that have marred French news media since they were granted freedom in 1881. In order to curb media abuses of freedom, and to affirm their right to proper media, the French rely on regulation 2. Whenever a problem emerges, they will try to solve it by law, even though freedom of expression may suffer. Nowadays, self-regulation is practised more, but still very little, less than in similar nations. Co-regulation 3 is almost unknown (except maybe in the field of advertising).
Policy objectives
− The ostensible aim of all French legislation is to ensure the coexistence of media
freedom with other fundamental rights (like human dignity or public order) and the co-existence of freedom of enterprise with the pluralism and quality of media that are needed for democracy.
− Another aim of legislation is to protect and promote \"cultural diversity\i.e. the
national culture, at the expense of freedom of trade. Hence the advocacy of the cultural exception, particularly in the fields of broadcasting and the cinema. − Secondarily, legislation aims at protecting professional journalists so that they can
insure their services to the public properly. Media regulatory systems in France 4 The French press was granted full freedom in 1789 by the Revolution, but soon lost it as various authoritarian regimes succeeded one another until 1871. Only then, at the beginning of the Third republic, did it definitely recover its liberty, thanks to the General press act of 1881, often amended since but still valid. That strict law, however, could not protect the press from corruption and control by economic forces. Hence an enduring public distrust towards the news media – in spite of clear improvement after World war two. By that time, most French people read provincial newspapers for the local news and, more and more, magazines – and they listened to radio, then later watched television newscasts.
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In 2005, an annual credibility survey (done since 1987) indicated that 54% of viewers believed things did
not happen as depicted on TV (as opposed to 45% who thought they did). The figures for newspapers were 49% and 48%.
By far the best source of information on French media law is Emmanuel Derieux' Droit de la communication, Paris, LGDJ, 4th ed. 2003.
In the sense of regulation carried out jointly by State authorities and the media.
Apart from books and advertising, which have been added, it seems that some media sectors or sub-sectors are not covered by the draft, like wireservices and other providers of material.
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As elsewhere in Europe, broadcasting was from the outset tightly controlled but until World war two a private commercial radio system was tolerated. After the war, a strict monopoly was imposed. Commercial stations did broadcast to the French public from just over the border but, except for Radio Luxembourg, they too were controlled by the French government. The monopoly was terminated in 1982 by a social-democratic government under the pressure of both new technology (FM) and the public.
The major media
In the television field, the public networks France 2, France 3, France 4 (digital terrestrial TV, from 2005), France 5 , RFO TV (for overseas territories) and (bi-national) Arte; the major commercial over-the-air networks: TF1 , M6 and (pay-channel) Canal Plus, together with 6 digital networks (beginning in April 2005), and with dozens of cable/satellite channels, French and foreign, dealing with news, sports, series, movies, cartoons etc.
As regards radio, the non-commercial Radio-France manages national networks (France-Inter, France Info, France Bleu, France Musiques, France Culture) and about 60 regional stations. Also part of the State-owned system: RFI (international) and RFO radio. About 1200 FM stations operate most of which are commercial, specialised and fed by some 14 networks (NRJ, RTL, Europe 1, Sky Rock, Nostalgie etc.). Other local non-profit stations belong to associations.
Daily newspapers. In Paris are published Le Monde (345 000), Le Figaro, Libération, Le Parisien, L'Equipe (sports), La Croix, l'Humanité and four others - to which must be added the recent give-away 20 Minutes and Metro (read by 2 million people) . In the provinces, about 60 regional dailies, like Ouest-France (760 000, largest circulation in the country), Sud-Ouest, La Voix du Nord: nine out of 10 people reading a daily read a regional newspaper. With less than 150 dailies sold per 1000 inhabitants, France ranks around 27th in the world. But the French are among the greatest magazine readers (about 1300 sold for 1000 inhabitants): some ten weekly newsmagazines (Nouvel Observateur, l'Express, Le Point, Paris-Match); many television magazines (Télé7jours); women's magazines, weekly (Femme actuelle, Elle) and monthly (Prima, Marie-Claire); sports and youth magazines.
The major press groups are Socpresse (Dassault), Hachette Filipacchi Médias (Lagardère), followed by Le Monde, Amaury, Bayard etc.
Constitutional law
The French are well-known for two traditions: the attachment they have for the central State and for codified Law – together with the inevitable reactions: anarchism and the contempt for regulation.
The 1789 Declaration of the rights of men and of citizens states that:
“The free communication of thoughts and opinions is one the most precious human rights: hence every citizen may speak, write, print freely, but will answer for abuse of that freedom in cases determined by Law. (Art.11)”
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The Declaration is posited as a political foundation in the Preamble to the latest Constitution (1958, amended since 17 times). In 1984, the Constitutional court made it clear that the right belonged to all citizens, not just to media and newspeople.
The Declaration is set as a preamble to the Constitution, together with the preamble to the 1946 Constitution which adds to it a list of \"political, economic and social principles\affirming the equality of women; the rights of asylum seekers; the right to work, unionise, strike, participate in the management of the enterprise one works for; also the rights, especially of children, mothers, old people, of the poor and the sick, to health, livelihood and leisure; and lastly the rights of children to education and culture .
No passage in the Constitution itself refers in any way to media. However, Title XV acknowledges the transfer of some legislative competence to the European union. Hence French media are now subject to European law as it is gradually integrated into French law. Decisions of French courts can be appealed to the Court of justice of the European communities in Luxembourg. And plaintiffs can also turn to the European Court of Human Rights in Strasbourg.
In 1978, a new juridical concept appeared, the independent regulatory authority , part of the State, but independent from the Executive. It is in charge of a crucial sector like the protection of human rights. The first was the Commission nationale de l'informatique et des libertés (CNIL) created to protect individuals from cyber-violation of their rights. The CSA, which supervises broadcasting (see infra), is such an authority.
Legislation
There is no formal code of media law: regulations concerning media are to be found in all traditional branches of Law (civil, criminal, etc.).
Restrictions to Freedom of Speech
The I881 Press act, supplemented by various laws (often integrated into the Penal code) and interpreted in case-law , determines the press offences mentioned by Art.11 of the 1789 Declaration. Originally meant for print publications, it now applies to all media. The 1881 Act establishes special rules for the prosecution of such offences to the advantage of defendants.
- Libel and insult, dealt with in Art.29 of the 1881 Act. The offence is diversely defined according to who is the victim. - Racism (libel and provocation to discrimination): loi Gayssot of 13 July ,1990. - Invasion of privacy: France has one of the strictest laws (17 July, 1970) to protect
privacy and the right to one's own image. In serious cases, a court can enjoin publication. - Pornography: the laws of 1949 and 1975 were extremely strict. The revised Penal code
of 1994 is no longer concerned with offending public morality (outrage aux bonnes moeurs), but very much with protecting minors.
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- Presumption of innocence : people accused of a crime should not be treated as if guilty (law of January 1993). - Secrecy is to be kept about ongoing police investigations (secret de l'instruction) - but that rule is commonly violated. The right of reply. It was in France that it was first established by law, in 1822. It was preserved in the 1881 Act. Its Art.13 5 entitles any person or institution, whenever he/she/it is mentioned in the press, to reply even if he/she/it has not been in any way attacked - and even if a possible error has already been corrected. In the case of broadcasting, the right only dates back to 1982 and only in case of an attack. Some accuse that right of being an act of expropriation at the expense of the press. In practice, it is difficult to use it.
Copyright. The 1992 Code de la propriété intellectuelle has codified the provisions of 1957 and 1985 laws in accordance with international agreements. The French concept, in the European tradition, strives to protect the moral rights of the author (as opposed to the Anglo-Saxon notion of copyright). 1.
Broadcasting
1.1. Regulatory framework
Broadcasting was freed from State monopoly by the Broadcasting act of 29 July, 1982 (voted by a leftwing majority), further liberalised by that of 30 September, 1986 (voted by a rightwing majority) – a law often amended since, esp. in January 1989. The system now consists of (see supra):
- a State-owned public sector for television and for radio – plus two institutions: INA
(archives, research, training) and TDF (distribution – now only 44% State-owned ). - A private sector, mainly commercial, for television and for radio.
Both are closely regulated, partly for technical reasons of course, but mainly because an unregulated market is rightly considered incapable of providing the needed freedom and \"public service\" . The latter phrase covers pluralism of opinion, democracy, national security, the French culture (incl. language), the audiovisual industry etc. For instance, 60% of the films shown by over-the-air television networks in prime time must be European works and 40% works originally produced in French. Private radio stations must include 40% francophone songs in their musical programs.
Commercial radio or television firms are required, not only to get a licence, but, like press firms, also to be transparent as to ownership and organisation. A complex system of limitations aims at restricting foreign participation and, mainly, concentration of power over different media, within broadcasting or within a given company.
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Article 12 gives public officials a (rarely used) right of correction: they could, on the front page of a
periodical, rectify errors and use double the space of the original report on their activities.
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Advertising
Advertising and sponsoring provide just about all the revenue of commercial television and, paradoxically, a third of the budget of public television. Hence it is highly and very diversely regulated. The March 27, 1992 executive order requires that ads respect truth and human dignity, be not racist, sexist, violent, not offend religious or political convictions, etc. No political advertising is permitted. Besides, not anyone can advertise on the air: after brand name ads were allowed in 1968, some firms still were forbidden from advertising there (supermarkets, producers of books, movies, periodicals), largely to protect the provincial press. Such prohibitions are gradually being relaxed, under European pressure. Other obligations: ads must be identified as such. No commercial break may interrupt a film on public channels; normally only one on commercial channels; no more than 6 minutes of ads are allowed per hour on average, etc.
Generally speaking, in the name of public health and safety, for the protection of the consumer, the Code de la consommation (Law of 26 July, 1993) regulates what kind of advertising is, and is not, permitted, whatever the vehicle, notably targeting misleading ads. Comparative advertising was almost impossible until 1992: since 2001 it is allowed. The Loi Sapin in 1993 imposed transparency in dealings between advertisers, advertising agencies and media. The Loi Evin (10 January, 1991) prohibited advertising for tobacco products. Advertising for alcoholic beverages, medicines and firearms is restricted or prohibited.
Self-regulation. The Bureau de vérification de la publicité (BVP) was set up in 1953 by the industry (with cooperation from media and input from consumer associations) to draft codes of ethics and filter ads for media that subscribe to it. Most media are free not to use its advice, but more and more do. All television commercials must be examined by the BVP and then outlets decide whether to air them or not, but usually follow BVP advice: that might be considered as an early form of co-regulation. The BVP also monitors the media and denounces abuses – which the CSA is expected to punish.
1.2. Regulatory authorities/bodies
Broadcasting, public and commercial, is still to a large extent under the control of Parliament and government. For instance, Parliament every year sets the viewer's fee that largely finances public broadcasting and decides the distribution of that revenue among its branches. The government remains in charge of regulating cable. Both have a say as regards programming. That said, broadcasting is supervised by one central institution, the Conseil supérieur de l'audiovisuel (CSA, 1989): an independent administrative authority (see supra), created under a different name by the 1982 Act. It is assisted by CTRs (Comités techniques radiophoniques) which deal with private radio stations.
The CSA has nine unremovable members, appointed for a non-renewable term of six years, three each by the President of the Republic, by the Speaker of the House and by the President of the Senate. It oversees over-the-air, cable and (most) satellite radio and television: - it manages the spectrum,
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- it sets rules for all broadcasters, almost the same for both types,
- it issues licences to commercial broadcasters for a fixed number of years, after
approving the candidate's aims and commitments (cahier des charges), - it appoints the heads of the public broadcasting services,
- it monitors the airwaves to check compliance with its rules and with all cahiers des charges – and also considers complaints from private individuals or professionals or the authorities. - Depending on the violation, it can make its criticism public, impose a fine, suspend a
licence, shorten its duration, even withdraw it. Self- regulatory bodies
Starting in 1998, public television has provided itself with three independent ombudsmen (médiateurs) one for the general programming of France Television, one each for the news services of television channels France 2 and France 3. Appointed for three years, they report to the president of the group. Besides, Radio France Internationale has one and also Radio France since 2002. There was no legal obligation for those appointments, as there is in Switzerland.. The ombudsmen field complaints from viewers and listeners and have a weekly program in which to report the major cases.
Media Accountability Systems.
Mainly to avoid legislation, all media do practise self-regulation, establish rules for themselves but they have proved not to be terribly interested in enforcement.
Media accountability differs from self-regulation in that media users are involved, i.e. the people who own freedom of speech and press. Journalists being in charge of a public service, they must discover what information people need and want. Then they must provide it. Then they must check with the public whether they have done it satisfactorily. The tools to insure such accountability are media accountability systems (M*A*S) 6, none governmental, all using only external moral pressure. They are extremely diverse but all have the same purpose: to make news media serve the public better – and most involve the public in some way. Among European news media, the French may be the least keen on accountability – as they are on self-regulation. France is, with Greece, the one country where a press council has never been even seriously considered. There is only one newspaper ombudsman and no true journalism review . The email addresses of journalists are rarely published, for public feedback. Media-funded foundations that encourage training and research do not exist. Ethics courses in J-schools are almost unknown. Consumer defence reviews show no interest in media.
That said, the following M*A*S have an influence on, hence to some extent contribute to regulate, the mainstream media:
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See a list of 80 M*A*S on www.presscouncils.org in the Media Accountability Systems section.
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- Reciprocal monitoring and criticism, as done on media pages in many periodicals or the Arrêt sur image program on (public) television channel France 5. - Books criticising media attitudes (e.g. L'Omerta française 7) or individual media (e.g.
La Face cachée du Monde 8): book firms show far more courage than magazine or newspaper publishers. - The weekly Canard Enchaîné (approx. 600 000 copies) criticizes mainstream media
and publishes what they are afraid to. - More and more numerous are blogs that attack one or more media - but they have nothing like the impact they have in the US. - Citizen associations, mainly radical like Acrimed, Pieds dans le Paf, Observatoire français des médias – use the Web, publications and conferences. - Non-profit research done by universities, within the CNRS 9, or by NGOs, sometimes with State funding. - The existence of such public service media as Arte – or largely available foreign media such as CNN. 2.
The Printed Press
2.1. Regulatory framework
The General Law on the Press of 1881, often amended, still regulates the print media. It affirms press freedom and makes minimal requirements before publication: - whoever wants to publish a periodical need only declare it,
- each copy must bear the name/address of the printer and name of the editor, - sample copies must be deposited with various institutions.
However, the Act does not just provide for sanctions after violations – but also for pre-publication State intervention, like the (seldom used) right of the police to seize or prohibit a publication so as to preserve public order; to avoid serious violations of the rights of persons; and in exceptional circumstances (state of emergency, state of siege)10. Moreover:
- the sale of a foreign publication can be prohibited by the Minister of the interior and
all copies confiscated, which is contrary to international, esp. European, agreements 11. - A law of July 16, 1949, makes publications meant for children/adolescents subject to stricter pre-publication formalities. And any publication likely to have a noxious
By Sophie Coignard & Alexandre Wickham, Paris, Albin Michel, 1999. By Pierre Péan et Philippe Cohen, Paris, 1001 Nuits, 2003. National Centre for Scientific Research.
Quite a few seizures took place during the Algerian war.
as affirmed by the European Court of Human Rights in a judgement of July 17, 2001.
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influence on young people (pornographic, violent, racist, pro-drugs) can be prohibited from selling to under-18s and from advertising in any way12.
Press companies are subject to a special legal status aimed mainly at insuring transparency as to ownership, independence from foreign influence, and diversity by avoiding excessive concentration (e.g. no one is to control over 30% of the daily press). Foreign ownership is restricted.
The press needs to be made available to all through distribution. The law of 2 April, 1947 lets publishers free to distribute their publication (which few can do) – and it provides that group distribution will be done by (non-profit) cooperatives. In fact, 49% of the NMPP, the central distributor, now belongs to the huge commercial conglomerate Hachette.
A special form of regulation comes in the shape of financial assistance, whose purpose is to assist a vital public service, to maintain a plurality of publications and to keep their prices low. The list of beneficiaries is determined by a Commission paritaire des publications , half of whose seats go to publishers and half to the State, with the purpose of insuring unbiased attribution. The help comes in the form of tax breaks (see Code général des impôts – Tax Code): exoneration or low rates (esp. VAT). And of special postal, train and airline rates. And of special subsidies given small national or provincial newspapers that receive little advertising revenue.
The print media are not subject to any specific regulatory authorities. Violations of the media laws are dealt with by regular courts, some of which specialize in press cases, like the Tribunal de grande instance in Nanterre (92).
Journalists are often confused with media yet they are professionals whose interests are not necessarily those of the commercial firm that employs them. Whether they work for print or electronic media, French Law protects rather than restricts them.
There is no educational or other requirement to enter the profession, yet it has acquired a special status. A union, the Syndicat national des journalistes (SNJ), born in 1918, fought hard to obtain a collective contract from the publishers – and finally won it from Parliament in 1935: a law on the status of journalists , which turned them into a special category of workers. Newspeople, among other things, benefit from the conscience clause 13. And also enjoy a special ID card delivered by a Card commission to journalists, defined as people drawing the major part of their income from work for a news medium. Only in 1982 was it acknowledged by law that broadcast news people were as much journalists as their colleagues in the print media.
The Convention collective nationale de travail des journalistes of 1 November, 1976 (redrafted on 27 October, 1987) regulates the relationship between publishers and
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The same is applied to audiovisual products by a law of June 17, 1998.
Which enables him/her to resign from a medium if it is sold or changes its orientation, yet receive the same
benefits as in a case of redundancy.
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professionals. It deals with their right to unionise, their copyright, working hours, vacations, retirement, conflicts, dismissal, etc.14
To be noted is that long before, in 1918, the SNJ drafted one of the first press codes of ethics (revised in 1938).
Protection of sources
The 1918 SNJ code and the 1938 IFJ code claimed the journalist's right to professional secrecy. French courts tended to protect the journalists against having to reveal their sources of information. The law of 4 January, 1993 now gives them some protection against police searches and allows them if asked to refuse to reveal their sources. However, in spite of Art.10 of the European Convention for the Protection of Human Rights, that privilege is still uncertain 15.
Media accountability systems
Codes have become more numerous in recent years, after a number of scandals at the turn of the 1990s. The provincial daily press gave itself a charter , and the provincial weeklies too, and the association of news agencies, and quite a few individual papers. Le style du Monde was published in 2002 which includes a chapter on ethics. However, the numerous unions of journalists seem unable to agree on drafting a common code – or the publishers unwilling to cooperate on one with the unions.
Just one daily newspaper, Le Monde, has a mediator (i.e. ombudsman), since 1994. The same quality daily is also among the few media to have an efficient société des rédacteurs, a registered company of journalists who demand to have a say in the policy of the medium, efficient because it own over 30% of the capital. Le Monde also has a société de lecteurs : its 13 000 reader-members owns over 10% of shares and can also exert an influence.
Common M*A*S. On the other hand, M*A*S that were inexistent or rare before, have become such a normal part of the media landscape as to be un-noticeable, like correction boxes, letters to the editor (mainly in magazines, and not yet in the provincial press), media pages and blogs, university level education for journalists, readership surveys, regular meetings of actors in social communication , etc..
3. Online Services
Internet matters are controlled by both the CSA (see supra) and the Autorité de regulation des télécoms (ART). Legislation is being discussed to clarify responsibilities and to introduce into French law the 2002 European directives on electronic communication. Also involved is an AAI, the Commission nationale de l'informatique et des libertés (CNIL), a protector of privacy and other human rights against cyber-abuse, created by a 6 January, 1978 law and bound by the European directives of 1995 and 2002.
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See the text on www.presscouncils.org in the Codes of Ethics section.
Police searches at two publications (L'Equipe and Le Point) in early 2005 created an uproar.
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It was the Internet that prompted the Conseil d'Etat (supreme administrative court), in a 1998 report to the Prime Minister, to introduce the concept of co-regulation, a combination of traditional regulation and self-regulation initiated by media protagonists and associations – which has not been unanimously welcome 16.
A law was voted on June 21, 2004 to promote \"trust in the digital economyhe internet. Besides, all national laws (concerning copyright, privacy, pedophilia, libel, racism etc.) apply to that medium. The problem, as elsewhere, is to enforce them because of the essentially international character of the Web – and the difficulty to trace originators. An association, the Forum des droits sur l'Internet, was created in 2000, with government support, which works within the European internet co-regulation network. It aims to stimulate debate, answer FAQ, and help Web users, (a Net ombudsman was appointed in 2004).
4. Film
The film industry and its professionals are very tightly supervised – in order , paradoxically, to protect their freedom. That State control, say its advocates, accounts for the vitality of the French cinema. But it is also criticised for effects contrary to its purpose – and for being at variance with European directives.
The Code de l'industrie cinématographique (December 1946, often amended and supplemented) set up the Centre National de la Cinématographie (CNC) whose approval is needed to set up shop and for every phase of film-making, distribution, exploitation, export. Major collaborators on a film must hold a professional ID card, whose deliverance by the CNC requires possession of a degree or extensive experience.
On the other hand, the State (executive order of June 16, 1959) heavily subsidises the industry, by grants, low taxes, advances on future box-office receipts (money coming from taxes on cinema ticket sales) and incitement to investors.
It also protects the industry (Law of 29 July, 1982) by setting delays before a film can be shown on television or recorded versions can be sold. Over-the-air television networks can only show a certain number of films per year and none on certain days and at certain times. As mentioned supra, of the films shown in prime time, 60% must be European works, 40% French.
Besides, the Minister of culture, advised by a Commission de classification 17 (Executive order of 23 February, 1990), delivers a visa d'exploitation by which is allowed to be shown to all publics / to the over-12/ over-16 / over-18 – but exploitation can be prohibited. Whatever the ranking, local authorities can also ban a film.
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The so-called co-regulation, the representativeness and legitimacy of whose participants are doubtful,
if not suspicious, seems to serve mainly as a means of influence over the public authorities used by a few pressure groups aiming at preventing any change or making sure that decisions made are favourable to them – such is the opinion of an eminent French media law professor.
Which includes professionals and members of the public, but is a State regulatory body all the same.
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Pornography. A law of 30 December, 1975 sets porn (and hyper-violent) movies in a special category. They do not get any subsidy, are more heavily taxed and can only be shown in specialized theatres. Actually now they are mostly sold as cassettes and DVDs by mail order or on the Internet.
The law of 17 June, 1998 makes it a crime to let under-18s have any access to X-rated movies. Scrambled (Canal plus) and satellite pay-channels, however, regularly show hard-core films after midnight and soft-core after 22.00. Tolerance is now great for explicit depiction of sex in all media.
5. Books
The book industry is free of restrictions to its freedom (and the beneficiary of no subsidy apart from a low VAT, 5.5%). The only restriction aims at maintaining creativeness and diversity by protecting small publishers and bookshops from the supermarkets' focus on best-sellers: the maximum discount on the price of books is 5% (Law of 10 August, 1981), with few exceptions.
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