Contenu du sommaire : L'audiovisuel : enjeux et paradoxes

Communications Legislation, Politics and Technology. Communications are governed by two 1986 laws that have yielded a complex body of regulations often awkward and unrealistic. Communications law is young and sinuous but continuous: initial non-regulation gave way to the arrival, rise and fall of the state monopoly. It also has political overtones affecting the very principles of democracy, which explains why its actual provisions are overshadowed by its symbolic value, and the need for bodies such as the Commission Nationale de la Communication et des Libertés. The concept of public service itself has become controversial and a point-by-point comparison of public and private broadcasting is given. Lastly, technological developments risk outdating communications legislation at short notice. However, legislators might eventually abandon complex legislation in favour of a handful of simple guidelines.

Introduction to Broadcasting System Concepts. This article provides a brief glossary of broadcasting terminology preceded by reference material on the economic, technical, legal, cultural and ideological terminology of broadcasting, consisting of the French equivalents of the following terms : freedom of the press, independent government bodies, broadcasting permits, grant of authority to private enterprise to undertake public services, contract conditions, networks, satellites, community antenna, standards, image, multi-media corporations, advertising markets, audience ratings, sponsoring, electronic buying, radio/tv receiver license fees, ‘highest cultural bidders', theme channels, programme production financing, and cinema films.

The Political Challenge - 10 Questions to Jack Lang. Socialist and former Minister of Culture, Jack Lang replies to 10 questions on subjects such as the role of the state and the public sector in broadcasting, public and private sector financing, the future of relations with the film industry and the impact of broadcasting on public opinion. He deplores the fall in programme quality and TV production crisis, and outlines the policy he would pursue if returned to office. Policy should separate programming and production from broadcasting, and promote a large number of small enterprises to ensure pluralism. Jack Lang feels the real power should be vested in artists and producers. He also opposes the growth of political advertising on TV because it gives an unfair advantage to certain parties.

The Political Challenge — 10 Questions to Bertrand Cousin Parliamentary Député and member of the current government majority, Bertrand Cousin answers the same questions as Mr. Jack Lang. His answers differ radically and he favours government disengagement from broadcasting. The public sector should strive for higher quality, receiver license fees should be the sole source of revenue with advertising resources being reserved for the private sector. Above all, France needs major multimedia corporations free of overly restrictive anti-trust legislation in order to capture a major portion of the communications market.

Jean-François Lacan, Economic Aspects of Overcoming Underdeveloped Broadcasting. After 30 years of State broadcasting monopoly and its ensuing distortions (tight budget ceilings, falling new domestic productions), France should overcome her ‘underdevelopment' by creating new networks, markets and enterprises. However, successive shakeouts in the industry have not solved the chronic problem of the decline of domestic production. Increasing recourse to the logic of private enterprise has yielded inconclusive results : cabling delays and slow market growth despite 6 nationwide channels. Inspiration from abroad would help, especially from the UK and USA.

The Difficult Passing of Anti-Trust Legislation The question of radio and TV anti-trust legislation has been discussed since the abolition of the state broadcasting monopoly. Current legislation basically covers radio, TV and the press and results from principles laid down by the Conseil Constitutionnel in July and September 1986. This body considered that existing safeguards to ensure pluralism, as required by the Constitution, were inadequate. The author criticises the judge's stance and regrets that the legislation passed should be so complex. This legislation puts a ceiling on share-holding in any one media corporation and any sector or group of medias. However, legislation has reinforced both the position of nationwide TV broadcasting and leeway for the creation of large multi-media groups.

Cable TV in the World of Broadcasting. The main advantage of cable TV is its high information-carrying capacity, making it the best means of overcoming the shortage of broadcasting frequencies. Beyond being a physical link between network nerve centre and subscribers, cable TV is also well-suited to ‘interactive' two-way communication. These features make cable TV able to offer local, national and foreign programmes in addition to a host of so-called interactive services. Cable TV is an unusually powerful communications tool whose benefits should include the advent of specialised channels. It is also a multipurpose instrument for all communications needs, i.e. images, sound and computer data.

Cable TV on the Blink ? The 1982 Plan Cable was followed by a period of confusion about the launching of cable TV in France that began in June 1986, thus discouraging the parties involved. Network commissioning delays and broadcasting restrictions caused major financial embarassment to 52 communes and agglomerations with PTT contracts. Direction Générale des Télécommunications has stepped down as sole owner to leave the field open to private enterprise, thereby repealing the principles of public service, equal access, standard charges and network coexistence. The 1982 Plan nonetheless constituted a coherent policy giving France a lead for starting up ‘added value services' that combine telecommunications with teledistribution.

Is Local Broadcasting Possible ? The title has been a topical issue since the abolition of the state radio and TV broadcasting monopoly in 1982. The Law of 29 July 1982 provided an authoritarian response by imposing a local framework on private TV stations and a communal one on cable TV: it failed. The Law of 30 September 1986 was much less detailed, leaving the matter up to the Commission Nationale de la Communication et des Libertés and market forces. The problem is two-fold: local government should act on transmitter ranges, but regrouping local broadcasting services into nationwide networks operates against truly local production and programming. Local government can participate with difficulty only in isolated areas of broadcasting services despite greater legal leeway available since 1986; it must however intervene directly to establish, rather than operate, such services.

Third World Broadcasting. The Third World ‘hopped on the bandwagon' of the technological revolution that was passing it by, unevenly matched to compete by market standards. Leaders initially saw broadcasting as an instrument of national unity that would operate in favour of economic development, but this attitude has been abandoned now that major economic and political interests have entered the field. Public debate is therefore important on the new order of international communications and on the role of UNESCO and other international bodies. The development of broadcasting is beset with many problems: insufficient equipment, poorly-defined structures and statutes, financing difficulties and technological dependence. Where lies the potential for international cooperation ? The author considers new bilateral agreements and UNESCO as the prime elements of progress.

Broadcasting Independence in Canada and USA. Canada and the USA both have federal government with a strong tradition of democracy and decentralised authority where broadcasting is based on three basic principles that guarantee its independence: (1) private enterprise, within the limits of tradition and anti-trust legislation, (2) freedom of speech and press, tempered by a respect for privacy and the democratic values that prevail, and (3) self-imposed limitation of federal powers. As a result, both legislation and regulation are flexible. The Canadian CRTC (Conseil de la Radiodiffusion et des Télécommunications) and the US FCC (Fédéral Communications Commission) both regulate and monitor broadcasting by acting as government tribunals. They issue broadcasting licenses after summoning all parties concerned for public hearings.

Commission Nationale de la Communication et des Libertés and Broadcasting Regulation The CNCL replaced the Haute Autorité de la Communication Audiovisuelle. Public opinion now supports an independent regulatory body yet actual communications regulation remains the key issue. Now that all forms of broadcasting are open to private initiative, the mission of CNCL is to ensure equal, pluralistic access to individuals on a competitive basis. CNCL jurisdiction is broad but its coercive powers are as yet inadequate.