Décret n° 90-66 du 17 janvier 1990 pris pour l'application du 2° de l'article 27 et du 2° de l'article 70 de la loi n° 86-1067 du 30 septembre 1986 modifiée relative à la liberté de communication et fixant les principes généraux concernant la diffusion des oeuvres cinématographiques et audiovisuelles
Court: | MINISTERE DE LA CULTURE ET DE LA COMMUNICATION |
ELI: | https://www.legifrance.gouv.fr/eli/decret/1990/1/17/MICT9000015D/jo/texte, https://www.legifrance.gouv.fr/eli/decret/1990/1/17/90-66/jo/texte |
Jurisdiction: | France |
Official gazette publication: | JORF n°0015 du 18 janvier 1990 |
Publication Date: | 18 jan. 1990 |
Record Number: | JORFTEXT000000342173 |
Sur le rapport du ministre de la culture, de la communication, des grands travaux et du Bicentenaire et du ministre délégué auprès du ministre de la culture, de la communication, des grands travaux et du Bicentenaire, chargé de la communication,
Vu la directive du Conseil des communautés européennes du 3 octobre 1989 visant à la coordination de certaines dispositions législatives,
réglementaires et administratives des Etats membres relatives à l'exercice d'activités de radiodiffusion télévisuelle;
Vu le code de l'industrie cinématographique, et notamment son article 19;
Vu la loi no 66-537 du 24 juillet 1966 modifiée sur les sociétés commerciales, et notamment son article 355-1;
Vu la loi no 86-1067 du 30 septembre 1986 modifiée relative à la liberté de communication, notamment le 2o de son article 27 et le 2o de son article 70; Vu le décret no 59-1512 du 30 décembre 1959 portant application des dispositions du décret du 16 juin 1959 modifié relatif au soutien financier de l'Etat à l'industrie cinématographique;
Vu le décret no 86-175 du 6 février 1986 relatif au soutien financier de l'Etat à l'industrie des programmes audiovisuels;
TEXTE PARTIELLEMENT ABROGE : art. 1, EN TANT QU'IL AJOUTE UN ART. 5-BIS AU DECRET 8935 DU 24-01-1989 (ART. 14)RECT. JO DU 20-01-1990 P846: AJOUT DU RAPPORT DE PRESENTATION AU PREMIER MINISTRELES SOCIÉTÉS NATIONALES DE PROGRAMMES ET LES SERVICES DIFFUSES EN CLAIR PAR VOIE HERTZIENNE TERRESTRE ONT L'OBLIGATION DE DIFFUSER, DANS LE NOMBRE TOTAL ANNUEL D’ŒUVRES CINÉMATOGRAPHIQUES D'UNE PART,DANS LE TOTAL DU TEMPS CONSACRE A LA DIFFUSION D’ŒUVRES AUDIOVISUELLES D'AUTRE PART, ET EN PARTICULIER AUX HEURES DE GRANDE ÉCOUTE (DÉFINIES COMME L'ENSEMBLE DES HEURES COMPRISES ENTRE 18 ET 23 HEURES AINSI QUE LES HEURES COMPRISES, LE MERCREDI,ENTRE 14 ET 18 HEURES):
AU MOINS 60% D’ŒUVRES ORIGINAIRES DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE; CETTE DISPOSITION ILLUSTRE LA PRIORITÉ ABSOLUE QUE LE GOUVERNEMENT ENTEND DONNER A LA DIFFUSION D’ŒUVRE D'ORIGINE EUROPÉENNE SUR LES ANTENNES DE L'ENSEMBLE DES SERVICES DE TÉLÉVISION SOUMIS AU DROIT FRANÇAIS;
AU MOINS 50% D’ŒUVRES D'EXPRESSION ORIGINALE FRANÇAISE;
LE RÉGIME DE DIFFUSION S'APPLIQUANT AUX SERVICES AUTORISES DIFFUSES EN CLAIR PAR SATELLITE ET CELUI S'APPLIQUANT AUX SERVICES AUTORISES CRYPTES DIFFUSES PAR VOIE HERTZIENNE TERRESTRE OU PAR SATELLITE SONT CEUX PRÉVUS RESPECTIVEMENT PAR LES DÉCRETS 8736 DU 26-01-1987 ET 8935 DU 24-01- 1989 QUI DEMEURENT EN VIGUEUR.
L’ENTRÉE EN APPLICATION DE CE NOUVEAU RÉGIME DOIT SE DÉROULER EN DEUX ÉTAPES:
DE LA DATE DE PUBLICATION DE CE DÉCRET AU 31-12-1991,LES CHAINES DEVRONT RESPECTER LES OBLIGATIONS DE DIFFUSION PORTANT UNIQUEMENT SUR LA TOTALITÉ DU TEMPS DE DIFFUSION;
LES OBLIGATIONS DE DIFFUSION PORTANT SUR LES HEURES DE GRANDE ÉCOUTE NE SERONT APPLICABLES QU'A COMPTER DU 01-01-1992.
AJOUT D'UN ART. 5-BIS AUX DÉCRETS 8736 DU 26-01-1987 ET 8935 DU 24-01-1989.
APPLICATION DE LA DIRECTIVE CEE 89/552/CEE DU 03-10-1984.
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