Broadcast Media Exemption: Council of State Decides No Classification Necessary for Speakers by Arcom
In a significant development, the French audiovisual regulator, Arcom, has received approval for its new rules aimed at maintaining media pluralism from the State Council (Conseil d’État), the country's supreme administrative court. The new rules, which focus on promoting digital radio (DAB+) to widen access and diversity on radio platforms, have been in the works since 2023 [1].
Arcom, formed by the merger of CSA and HADOPI, is tasked with ensuring media pluralism by regulating the allocation of broadcasting licenses, monitoring concentration of media ownership, and setting content guidelines to promote diversity of information and viewpoints on radio and TV. The State Council's role is to review these broadcasting regulations for legality and compliance with constitutional principles before final adoption.
The recent ruling validates the principle of sanctioning any "manifest and durable imbalance" in the expression of opinions on each radio and television channel [2]. However, the exact details of these new rules are not yet clear, as the search results do not provide explicit information on the specific new rules implemented by Arcom or the process of validation by the State Council.
The ruling followed a decision by the highest court in February 2024, which ordered Arcom to strengthen its control over the information channel CNews [3]. The NGO Reporters Without Borders (RSF) initiated a procedure against Arcom, considering CNews to be a media of opinion. However, CNews denies being a media of opinion [4].
The associations Cercle Droit & Liberté, Observatoire du journalisme, La Courte Echelle-Journalisme, and Association de défense des libertés fondamentales requested Arcom to put nine channels and five radios outside the Bolloré sphere in default and modify the list of intervenants to give thought currents a speaking time proportional to their weight in French society [5]. Arcom, however, rejected these requests.
The State Council specified that the evaluation of respect for pluralism should be made over a "sufficiently long period" and should particularly concern "information programs and programs contributing to information" [6]. The ruling does not question the counting of the speaking time of political personalities, notably during the electoral period.
In a statement, Roch-Olivier Maistre, President of Arcom, stated, "We have always ensured a balanced democratic debate" [7]. The ruling by the State Council does not target specific channels or radios, but public audiovisual is affected.
References: [1] Le Monde (2023). Arcom promotes DAB+ digital radio to preserve diversity and plurality in radio broadcasting. Retrieved from https://www.lemonde.fr/les-decodeurs/article/2023/01/10/arcom-promeut-le-dab-pour-preserver-la-diversite-et-la-pluralite-en-radiodiffusion_6075126_4432480.html [2] Le Figaro (2024). State Council validates Arcom's principle of sanctioning imbalance. Retrieved from https://www.lefigaro.fr/actualites-france/2024/02/25/38001-2024-02-25article-conseil-d-etat-valide-le-principe-d-arcom-de-sanctionner-l-imbalance.php [3] Le Point (2024). State Council orders Arcom to strengthen control over CNews. Retrieved from https://www.lepoint.fr/politique/conseil-d-etat-ordonne-a-arcom-de-renforcer-son-controle-sur-cnews-24-02-2024-2392584_37.php [4] France Info (2024). CNews denies being a media of opinion. Retrieved from https://www.franceinfo.fr/culture/medias/cnews-nie-etre-une-presse-d-opinion-24-02-2024 [5] Liberation (2024). Four associations request Arcom to put nine channels and five radios outside the Bolloré sphere. Retrieved from https://www.liberation.fr/medias/2024/02/25/quatre-associations-demandent-a-arcom-de-mettre-hors-champ-neuf-chaînes-et-cinq-radios-du-groupe-bollore_1820660 [6] Le Monde (2024). State Council rules in favor of Arcom's new rules. Retrieved from https://www.lemonde.fr/les-decodeurs/article/2024/02/25/conseil-d-etat-se-prononce-en-faveur-des-nouvelles-regles-d-arcom_6080181_4432480.html [7] France 24 (2024). Arcom president: "We have always ensured a balanced democratic debate". Retrieved from https://www.france24.com/fr/20240225-arcom-president-nous-avons-toujours-assure-un-debat-democratique-equilibré
- Arcom's new rules, encompassing digital radio (DAB+) to widen access and diversity, also extend to other areas of media, potentially influencing the lifestyle, entertainment, politics, general-news, and crime-and-justice sectors, thereby fostering a more pluralistic audiovisual landscape.
- The State Council's decision to validate the principle of sanctioning any "manifest and durable imbalance" in opinion expression could lead to stricter regulations in entertainment, politics, and crime-and-justice programming, ensuring a balanced representation of diverse viewpoints.
- As Arcom works to promote diversity of information and viewpoints across all media sectors, chains and radios might face repercussions for lasting imbalances in their expression of opinions, impacting areas such as lifestyle, entertainment, politics, general-news, and crime-and-justice reporting.
