Launch of the renegotiation of the French DTT decree (“Décret TNT”)
While the French SMAD decree is also being revised and was recently sent to the European Commission as part of the notification process, Roselyne Bachelot announced that she would be launching discussions on the renegotiation of the French DTT decree with industry professionals, as early as January 15, 2021[1].
Since 2010, the French DTT[2] decree defines the audiovisual financing obligations of publishers of television services broadcast terrestrially in digital mode.
The choice to launch the renegotiation of the DTT decree after the revision of the SMAD decree is not insignificant.
Indeed, as the SMAD decree forces platforms such as Netflix to contribute financially to French and European creations, up to 20% or 25%, the challenge is now to soften the rules applicable to television channels in terms of audiovisual financing in order to « guarantee equity between linear and non-linear services on the one hand and between national and international operators on the other hand ». [3]
The subjects that should be discussed include:
- The issue of sharing rights on works between producers and television channels,
- The extension of the duration of the rights of television channels on the programs they have financed;
- Co-production shares;
- The definition of the share to be respectively devoted to dependent and independent productions.
These are complex issues that will shape the future of the French audiovisual landscape since the financing obligations of television channels and platforms will in any case have to be reconciled as fairly as possible to continue to guarantee a solid audiovisual production sector.
By the IP/IT team at UGGC Law firm
[1] See : https://www.legifrance.gouv.fr/loda/id/LEGITEXT000022437224/2021-01-12/ and https://www.circulaires.gouv.fr/loda/id/JORFTEXT000030534110/2021-01-18/
[2]Digital terrestrial television or « Télévision Numérique Terrestre » in French
[3]R.Bachelot