Introduction

In the year 2001, the Conseil supérieur de l’audiovisuel was called upon to act in all the different areas for which it is legally responsible and to fully take on its role as regulator at the dawn of a period of reorganisation of the broadcasting industry.

The year 2001 stands out from other years in that it marked the beginning of a new era for the French broadcasting sector. The development of digital terrestrial television, the rapid expansion of local television, and the sudden appearance on our screens of a new kind of programme called "reality TV" all contributed to this change.

With major changes to its line-up - a new president, Dominique Baudis, and three new members, Francis Beck, Yvon Le Bars, and Philippe Levrier - the work of the Conseil was carried out in accordance with the new legal framework set forth in the Law of 1 August 2000.

• Above all, 2001 was a decisive year in terms of digital terrestrial television. Several essential steps were taken to prepare the way for the increased choice of programmes that viewers will be given. Having been given the responsibility of establishing a group of television services which would satisfy the different expectations of the public, the CSA kept to the deadlines it had set itself. In accordance with the Law of 1 August 2000, and in permanent consultation with those involved, it set out the procedures to be followed in the organisation and management of digital terrestrial services to be supplied. The foundation stone in this process was laid on 24 July 2001, with the launch of a licence bid for national digital television services.

More than just a technological breakthrough, digital terrestrial television is an ambitious project in the general interest. It is a new challenge for society, with political, economic and cultural implications, bringing innovation and creation. The subject of digital terrestrial television will dominate 2002 as it did 2001. The new television channels are due to be chosen by the Conseil in July and conventions are due to be signed in November.

• The development of the broadcasting landscape can also be achieved through the development of local television. And, despite the fact that there is public demand, it is clear that France is behind in this area, and particularly in comparison with some of its European neighbours. Therefore, taking advantage of the new broadcasting possibilities presented by digital terrestrial television, the CSA decided to give three channels to local television, which could be shared by several operators and notably by community television services. One key to the success of digital terrestrial television will be its ability to allow varied and original projects to be presented and give viewers a much wider choice.

Moreover, the number of local initiatives increased in 2001. The Conseil authorised two new local television services – TV7, in Bordeaux, in June, and Canal 32, in Troyes, in November – and the process of renewing Aqui TV’s licence without the resubmission of an application began in November. Other local channels are being created and should be available to the public before the end of 2002.

• The regulation of the new "reality TV" programmes which reached our screens in 2001 was another important file for the CSA. The Conseil managed to have the rules of the programme Loft Story changed, adding clauses concerning respect for human dignity and the contestants’ right of personal portrayal. The recommendation that was addressed to M6 on this occasion was also applied to TF1’s programmes Les Aventuriers de Koh Lanta and Star Academy. Such recommendation is the basis of the regulatory framework which now applies to all programmes of this kind, and the Conseil made a recommendation to the government that identical clauses be included in the mission statements and contract conditions of public channels.

TF1 and M6 are already bound by provisions of this kind which were included in the new conventions which they signed with the CSA in October 2001. Such conventions were drawn up following the renewal of both channels’ licences without the resubmission of applications. They are effective for five years as from 1 January 2002. In addition to the new provisions concerning the regulatory framework for "reality TV", other changes were made to the conventions with reference to the provisions of the Law of 1 August 2000. Issues such as the protection of children and teenagers, the editorial independence of channels, the provision of the CSA with economic and financial information, and the impartiality of information and programmes were all discussed and led to some adjustment in the conventions.

• The tragic events in the United States on 11 September 2001 and their international repercussions led the CSA to be particularly vigilant about how the news was treated in the broadcasting media. A specific recommendation was addressed to television and radio channels to remind them of a certain number of fundamental principles which are part of their code of practice, particularly the impartiality of information, and of their responsibility to ensure that freedom, tolerance, individual dignity (particularly of victims), and republican values be respected.

• The political views expressed in broadcasting must be balanced if our democracy is to function properly. The CSA has been given the task of ensuring that this balance exists, and in this capacity it played an essential role again in 2001, particularly in the cantonal and municipal elections of 11 and 18 March. Following the adoption of its recommendation at the end of November 2000, which was to be applied from 1 January to 18 March 2001, it made sure that radio and television services respected the principle of fairness between candidates.

Furthermore, concerned that broadcasters should be informed sufficiently early about the rules pertaining to the presidential election of Spring 2002, the Conseil sent them a recommendation at the end of October 2001.

• Finally, the CSA appointed the chairmen of three public broadcasting companies at the end of 2001. Jean-Marie Cavada was reappointed as head of Radio France, Jean-Paul Cluzel was reappointed as head of RFI and André-Michel Besse was reappointed as head of RFO. All three have a mandate of five years as is now set forth in the Law of 1 August 2000.

• In addition, in its role as regulator of the broadcasting sector economy, the CSA asked to be provided with some details concerning the distribution of capital at Vivendi Universal, and by extension, at Canal+. On 24 December 2001, it asked the group’s Chairman for his interpretation of section 40 of the Law of 30 September 1986 regarding freedom of communication in the light of the changes to Vivendi Universal’s distribution of capital which had taken place on 17 December 2001. Under such section no French broadcasting service may be owned by foreign individuals in excess of 20%.

And so, in the year 2001, the CSA was active in all the areas for which it is responsible: the regulation of the broadcasting sector economy, the granting of licences to new television and radio services, the negotiation of conventions, ensuring human dignity is respected and the young are protected, that information is treated with impartiality, and that pluralism is respected (particularly in relation to elections), and the nomination of public broadcasting service chairmen.

As a new broadcasting landscape emerges, the regulatory work of the CSA is more important than ever. For the market to be truly open the Conseil must ensure that a certain number of rules, which protect freedom of communication in our country, are respected.