But the Government cannot claim victory so far

It is done or almost... Since last Friday, the removal of advertising after 20 hours on France Television antennas as of January 5 is listed in the Statute, the outcome of the vote on article 18 of the draft law on audiovisual. But the Government cannot claim victory so far. On the contrary.

Because of the slowness of the debates in the Assembly, which begin today their fourth week, the statutory provision indeed cannot enter into force in time, i.e. before 5 January. Article removing advertising has certainly been adopted, but Friday night, there was still 35 articles to examine 56 in the Bill. At best, the text will be sealed off to the Assembly this week and the debates in the Senate will begin on 7 January, before the passage before a joint mixed Committee and the review of the text by the Constitutional Council. Too late, much too late, for entry into force of the Act since the early days of 2009, which forced the Government to think about alternative solutions to remove the France television advertising.

First, it considered the solution of the Decree, to endorse the partial (i.e. after 20 hours) of advertising deletion, until legislation, once enacted, should take the relay. This order would have taken the form of an amendment to the specification of each of the chains of the group. He had the patronage of the Ministry of Culture and Communication. But last weekend, Gérard Larcher, President of the Senate, has issued a few reserves. "I'm not sure that should be an order, this may be a decision of Mr de Carolis President of France television, Editor's note, he said Thursday last to the Parliamentary Press Association.". I have a requirement, compliance with parliamentary work. "For removing partial advertising by Decree, the senators would indeed found themselves in a strange situation, since they would have had to discuss an article of law already applied in practice, since France television will ceased advertising after 20 hours, since January 5! Indeed, it is possible to back up: the advertising must be removed from 5 January, in three weeks, and France Televisions took all the provisions in this sense.

A letter signed

While Jean-François Copé, President of the UMP in the National Assembly group, consistently emphasises the concept of "legislative co-production" especially on this text, the Senate has no desire to appear to be mere registration Chamber, simply endorse a factual situation. "If the Government passes Decree, Gérard Larcher be furious", was a member of Parliament. As a result, the solution of an own decision of the Board of Directors of France television seems to prevail, even if the final arbitration has not yet occurred. But Patrick de Carolis is not to be considered in default. "To remove the France television advertising, must be a clear my shareholder position, otherwise this could be an abnormal Act of management," he said early December. Thus, a letter of the Minister of Culture and Communication, Christine Albanel, should he be sent today to ask him to implement the removal of advertising after 20 hours. This letter should be presented at the next Board of Directors of the holding company of France television head, expected tomorrow. On the plan, he cannot be reproached him an act of bad management, because financial compensation for the removal of advertising adopted in the finance bill for 2009, to the tune of EUR 450 million. On the legal question is if this letter will be sufficient if an advertiser began proceedings against France television for refusal to sell.