The CSA has now released its annual report. In this paper Constable audiovisual transmits foot Aurélie Filippetti its legislative recommendations to expand its control over online content. Explanations.
The CSA was established to curb the mechanical problem: the scarcity of radio frequencies. In this fragmented world, the goal of 1986 was thus to ensure that operators comply with a different set of substantive rules such as the protection of youth, political and trade union pluralism or the thorny issue of advertising.
Since with the rise of the Internet in homes, the Council takes a dim view of the decay of the TV Dad. Problem: the scarcity of resources has no control over the internet. To cope with this difficulty, he could now conclude in the futility of his action. Of course, the reality is quite different. Report after report, Constable has repeatedly called Culture extensive expansion of its regulatory claws on the online content, which are already regulated by many texts.
With such an approach, there is now a paradigm shift since the regulation passes a rarefied world in a completely open world, Internet frequencies. Its latest annual report, which outlines were unveiled by BFM this weekend is no exception. And what annoys above all the CSA is that the new digital players are competing TV services and traditional radio, regulated sectors cord (funding, youth protection, etc.
From the first lines of the document that we could see, the CSA wants and very serious about making the internet, or at least a large part of it, a brick of the audiovisual. The vast Internet, this component of audiovisual, must undergo the rules in the world of small screen. Constable stick tip especially on audiovisual media services on demand against which it intends to " enhance the regulation "and" to promote their development. "
Community platform, market places, store
What do we find in the future butterfly net CSA? Many things considered as part of the audiovisual " community exchange platforms that broadcast video and audio content increasingly professional , "the" major marketplaces providing cultural products "or " mobile application stores that gradually become gatekeepers for the provision of audiovisual services over IP . " YouTube, Dailymotion, Amazon, App Store, tremble!
The extensive digital audiovisual services
To complete this takeover, the CSA proposes first, in line with the report Lescure, create a new legal category: the "extended digital audiovisual services . " The expression is significant because in the past the Council preferred to him that the " digital cultural services . " Criticisms by Asic have clearly paid off. The combination of web 2.0 players felt indeed that these terms would create a web split into two with one side cultural services, on the other, the rest.However, the very notion of " Culture "is vague wish:" the definition of what is culture and what does not fall, will inevitably subjective "wrote YouTube, Dailymotion and other members.
Nevertheless, this category broom " extended digital audiovisual services "always swallow in her stomach all services" making available to the public or a section of the public audiovisual or sound content. "
Rules imposed on digital audiovisual services
This category is created, there is more to him add rules. Specifically, the CSA wants to submit these noncompliance with the protection of childhood and adolescence, the dignity of the human person and the prohibition of incitement to hatred or violence for reasons race, sex, morals, religion or nationality. "
In short, imposing online content, the regulation of TV. With such a device, if YouTube is streaming video too olé olé and is not subject to a notice of CSA, it would be able to prevent him from continuing his online service or display ads, or why not impose a penalty.
A susucre before truffle online services
But the CSA does not handle the stick. In line with the report Lescure - recall that one of the drafters of the document is now chief of staff of Olivier Schrameck - he also wants to give Sucre the most virtuous of these sites. The best students, who will split intensity to protect or highlight:
- Youth or dignity
- Ethical content,
- Pluralism of cultural social movements,
- The quality and variety of content,
- The image of the woman,
- Diversity, exposure to the European design and original French,
- Contribution to the financing of creation,
- Social tariffs, free, etc..
In short, those will receive a nice gift package, depending on the level of engagement spent by agreement with the CSA. After conventioneer they benefit from " access service offers distributors in reasonable, fair and non-discriminatory "or" mandatory recovery in the SEO tools of any distributor of digital audiovisual services "(ISP).
Nice site overexposed in engine results
Better, the CSA intends always like Pierre Lescure, to establish a " specific details in the event that a signaling mechanism would be implemented in accordance with the search engines . " If the motors are in agreement, the first class will thus be clearly identified in the search results, just to attract retinas and clicks (see the claims of CSA already set on this point ).
The CSA also promises them a " facilitated access to audiovisual works and films cartographic "and" priority access to public support allocated by sector or cross organisms under conditions defined by each aid managers . " It should be noted here that the Hadopi had already pushed this idea wishing condition the granting of aid opportunities to prior label PUR (now renamed LOL, for Label Offer Legal.)
Virtuous websites placed on whitelist parental control software
This is not all. To start this virtuous circle, where the CSA plans to occupy the center, it is also promised a label "Trusted Site" reserved for those who have split effort to protect children.
Interest? " It might be expected that the parental control software that Internet access providers must offer their subscribers, under the law of 21 June 2004 on confidence in the digital economy, are able to recognize these labels to filter - if parents want -. sites that do not have "
As has been said a few days earlier, the CSA wants to create a whitelist of sites that it considers the most protective of children. And this list should always be taken into account by the parental control software that ISPs already offer to subscribers, but according to their own criteria. This software, wants to reassure the Council will not be enabled by default.
In the past parliamentarians had listened to these wishes. In 2008, the UMP Frederic Lefebvre wanted to submit such labeling all sites putting audiovisual content available to the public, then had to commit to the protection of childhood and adolescence ...
Back obligation
In its report, it also incorporates the idea of must-carry or back obligation. Under this obligation, contract publishers would be automatically taken by intermediaries. Distributors effect " would be obliged to grant, on a fair, reasonable and non-discriminatory terms, to claims of recovery from publishers of digital audiovisual services or SMAD contracted. "
The Council also wants to judge and jury. He has put on the hat of the arbiter of disputes that may arise between all these actors. Finally, note that the report does not mention the issue of graduated response. Probably because the transfer thereof is now under the sign of the obvious.
