13/11/2008

Today sees the launch of a package of five film and TV series channels by telecommunications operator Orange. For an additional €12 per month, the operator’s triple-play subscribers (Internet, telephone and television via ADSL) will have access to five different types of programme, from successful films to family works, as well as action films, independent features and major classics.

In the absence of an agreement between Orange and the professional film organisations, the Audiovisual Broadcasting Regulatory Body (CSA) has set investment obligations for Orange. The guaranteed minimums for the acquisition of broadcasting rights for French and European cinematic works of original expression have been ratified.

According to the CSA, these minimum amounts "will progressively increase to €3.12 per month per subscriber for European works and €2.64 per month per subscriber for French works of original expression, as soon as the number of subscribers reaches 3m". Moreover, there is a diversity clause which states that Orange must devote at least 20% of the required amount for French film acquisition to films with a budget less than or equal to €5.35m.

The details of the agreement have already aroused reactions within the ARP (Civil Society of Authors, Directors and Producers), who consider that this guaranteed minimum per subscriber doesn’t take into account the specificity of Orange. They comment: "The leading French telecommunications group only offers its ADSL package to its own triple-play subscribers, which is an improper solicitation of consumers as never seen before". The ARP also say that Orange "has refused to contribute to the financing of film creation via a percentage of its turnover."

Besides the guaranteed minimum amounts per subscriber, the ARP call for "the introduction of a percentage on all new triple-play subscriptions as of November 13", as they consider that Orange’s Film and TV Series offer will attract these subscribers. The ARP also demand: "an investment guarantee for film creation which is calculated not on the turnover of Orange’s Film and TV Series package, but on its programme budget, and a reconsidered diversity clause, in order to prevent the temptation for Orange’s Film and TV Series to concentrate its investments solely on big-budget films."

If the agreement is not re-examined, the ARP – who have appealed to the CSA and the Culture Minister – maintain that for Orange, film will be nothing but "consumer bait and their TV channels will be the financial backers of two US majors, HBO for their series and Warner for their films."

(Translated from French)