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A new step towards the financing of audiovisual production


It was by means of a long press release that the Ministry of Culture indicated, Friday December 31, 2021, that it was completing, through the publication of six decrees, the transposition into French law of the European directive on services of audiovisual media (SMA, adopted in 2018 at European level). It is “ modernize the financing of audiovisual creation in the digital age “.

This transposition ” was largely carried out within the framework of the ordinance of December 21, 2021 modifying the audiovisual law of September 30, 1986 relating to the freedom of communication », Remind the public authorities.

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The AVMS directive allows any country of the Union ” to apply its own production contribution regime to foreign television channels and video-on-demand platforms that offer a service in France. The French authorities obtained this major step forward in the defense of the cultural exception within the framework of the negotiation of the directive which took place between 2013 and 2018 “, Underlines the Ministry of Culture, which insists on the impetus” decisive »Given by France.

Observers of the sector remember the French insistence on ensuring respect for this notion of cultural exception, far from achieving consensus at the international level …

Adaptable rules according to the chains

One of these six published decrees relates more particularly to cable and satellite channels, specifying their obligations to finance audiovisual production and cinema in France. The “ cable-satellite decree includes significant reductions in favor of “Of these channels and” particularly (from) more fragile, by setting thresholds for triggering contribution obligations, depending on turnover and audience », Details the ministry.

These obligations can also be adapted and reduced according to the geographical extent of the broadcasting of the channels concerned. This emphasis on fairness rather than strict equality of treatment is accompanied by provisions that apply specifically to cable and satellite radio services.

TNT: rebalancing the rules of the game

On the other hand, but still ” as an extension of the transposition of the AVMS directive “, The government published the decree relating to TNT (digital terrestrial television), expected since the beginning of 2021. This text aims to simplify the regulatory framework between terrestrial channels and the regulator, to” rebalance the rules of the game “Between the various audiovisual operators, as well as” give historical broadcasters the means to better exploit the works they finance », Assures the Ministry of Culture.

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From the small to the big screen and taking into consideration the closure of cinemas at the end of 2020 during the second confinement and the fragility of the entire sector severely affected by the pandemic, the public authorities have decided, also by decree, to extend for a period of time. duration of eight months “ the authorization of television advertising in favor of cinema “: It will therefore run until October 2022.

Roselyne Bachelot-Narquin announces at the same time that the State will continue to guarantee against “Covid-19 risk” filming of films and audiovisual works, as well as filming of streaming broadcasts until March 31, 2022. ” In view of the evolution of the epidemic situation, it was decided to extend these funds to guarantee the maintenance of the shootings planned in the coming weeks.“, confirms the ministry.

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