Question 16312 — nuisance

Summary

Mr. Hugues Renson alerts the Minister of Solidarity and Health on the application of the decree of August 7, 2017 (2017-1244) relating to the prevention of risks linked to noise and amplified sounds. This decree, adopted following the entry into force of Law No. 2016-41 of January 26, 2016 on the modernization of our health system, aims to strengthen the protection of people against the consequences on their hearing likely to be caused by exposure to loud or prolonged noise. This decree, which lowers the maximum tolerated sound volume, is applicable to establishments broadcasting amplified sounds whose volume exceeds 80 A-weighted decibels equivalent over eight hours, i.e. all concert halls, festivals and nightclubs. In particular, low frequency sounds (“bass”) are targeted at the origin of the sensation of vibration physically perceived by the audience. However, the application of this measure would remove this physical sensation essential for appreciating these works, which would risk distorting this type of musical work in relation to the intention of their authors. The diffusion of amplified music constitutes the very object of the activity of establishments and festivals which are frequented by an audience wishing to listen to music in technical and acoustic conditions different from those that everyone can benefit from at home. In addition, the sound volume measured at different locations in the same place will vary depending on the distance from the sound broadcasting devices, the configuration of the places, the occupancy rate of the room and the frequency of the sounds emitted. It is therefore difficult in practice to ensure that the sound volume observed throughout the space accessible to the public does not exceed not a certain level. In addition, these obligations require the making of significant financial investments, in particular for small farmers, in order to equip themselves with sophisticated measuring equipment and set up a rest room. Finally, the attractiveness and dynamism of the Parisian music scene could suffer from the strict application of these measures. He therefore asks him how these will be concretely applied. measures, in order to remove any legal uncertainty, and if a regulatory modification is envisaged, with a view to reconciling public health, artistic freedom and public expectations.

Machine translation from French. The official text remains authoritative.

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