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Protecting political plurality
Summary
Ensuring respect for political plurality is one of the essential missions entrusted to the French regulatory authority for audiovisual and digital communication (Arcom) by the legislator: that's why we make sure that the different currents of national political life can express themselves in the programs of radio and television services, in particular political and general news programmes.
Why political plurality?
Political plurality is essential to ensure that you receive diverse political information. This is how you can exercise your freedom of opinion and choice, which are the foundations of democracy.
Arcom's role is to ensure that all political currents are fairly represented.
To achieve this, the Authority calculates the amount of time spent by political personalities in the various programs produced (newspapers, magazines and others). This calculation is carried out on radio and television, during election periods as well as outside them, throughout the year.
A constitutional principle
The principle of plurality aims to ensure representation of the different currents of socio-cultural expression. The French Constitutional Council ruled in 1986 and again in 1989 that " respect for plurality is one of the conditions of democracy " and that, more generally, pluralism " constitutes the foundation of democracy ".
In these circumstances, the legislator has endeavored to implement this constitutional requirement. The law of September 30 1986 thus makes provision for Arcom to " ensure respect for the pluralist expression of currents of thought and opinion in the programs of radio and television services, in particular for political and general news programmes ".
A quantitative approach
Democratic life depends on the activities of political parties. This is why the law requires Arcom to provide the presidents of the two assemblies and the heads of the political parties represented in Parliament with a monthly statement of the time spent by political figures in :
- newspapers and news bulletins
- news magazines
- other broadcasts.
Through a quantitative method of counting the speaking time of political representatives, French legislation legally guarantees respect for plurality in the expression of currents of thought and opinion.
Pluralism in everyday life
Arcom monitors respect for plurality in the expression of currents of thought and opinion on television and radio, particularly in political and general news programmes.
Since January 1, 2018, the Authority has been quantifying the duration of political speeches, freeing itself from the notions of majority and opposition. Its aim is to ensure greater fairness between political formations.
The rules since January 2018
Following a process of reflection initiated after the 2017 elections, Arcom hasadopted new rules with the aim of achieving a more consistent and simpler breakdown of speaking times.
As of January 1, 2018, the following arrangements apply:
The executive branch is reserved on-air access corresponding to one-third of total speaking time.
This speaking time includes interventions by :
- the President of the Republic, whose content and context are part of the national political debate
- aides to the President of the Republic
- members of the Government.
The remainder of the total speaking time is divided equally between the political parties and movements that express the major orientations of national political life. The criteria used by Arcom include the results of electoral consultations, the number and categories of elected representatives, the size of parliamentary groups and opinion polls. The contribution of political formations to the animation of political debate is also taken into account.
At the same time:
- Arcom's assessment now takes into account the entire program of each radio or television service, as it does during election periods.
- Speaking time is recorded at the end of each quarter of the calendar year.
Where appropriate, the Authority takes account of exceptional situations linked to current events, and will examine compliance with political plurality over a sufficiently long period to smooth out the effects of current events.
Monitoring is carried out on a quarterly basis for all programs, taking into account their programming cycles.
Technical cooperation with service editors
All providers of radio and TV services, with the exception of Arte and parliamentary channels, are required to comply with the rules defined by Arcom.
These include 11 general-interest channels (TF1, France 2, France 3, France 5, Canal +, M6, C8, TMC, TFX, RMC Story, RMC Découverte), 9 radio stations (France Inter, France Info, France Culture, Europe 1, RTL, BFM, RMC, Radio Classique, Sud Radio) and 4 all-news channels (BFM TV, CNews, Franceinfo:LCI) record the speaking times of political figures shown on their channels, and report them to Arcom every month.
The accuracy of the data transmitted is checked a posteriori by a team of AMF observers using computerized tools.
Browse for statements of speaking times by political figures outside election campaigns.
Time spent by political figures outside election campaigns
In accordance with the provisions of article 13 of the law of September 30, 1986, Arcom regularly publishes tables relating to the speaking times of political personalities recorded in newscasts and bulletins, magazines and other news programmes on television and radio stations.
These data are published aggregated by political party in an open and reusable format as well as, since September 2016, in the form of lists presenting details of interventions by political personality for cumulative times greater than one minute.
During an election
On January 4, 2011, the French Superior Audiovisual Council (which became Arcom on January 1, 2022) laid down a managerial framework for the treatment of election news on radio and television, concerning radio access for political figures.
These general provisions are specified for each election campaign by an additional Arcom notice. This text lays down specific rules for the election in question. The supplementary notice also lists the publishers required to submit their weekly statements of speaking time to Arcom.
The rules defined by Arcom for the election period generally apply during the six weeks preceding the vote. However, this period may be increased or reduced depending on the particularities of the election in question.
The notice applies to all radio and television services under Arcom's control, as long as they cover the election campaign in their broadcasts. This applies to all broadcasts (news programmes, news magazines and other news programmes).
Respect for fairness between lists of candidates or between the candidates themselves - or even respect for equality in the case of presidential candidates - is assessed by Arcom throughout the campaign period. In accordance with the case law of the Conseil d'Etat, Arcom may issue warnings or even formal notices in due course when it appears that the principle of fairness cannot be respected over the entire period, due to the imbalances already observed.
Rules governing on-air access by candidates or parties
The principle of fairness
The principle of fairness implies that television services allocate speaking or airtime to candidates (or political parties) and their supporters, taking into account their representativeness and effective involvement in the campaign.
The notion of fairness is assessed on the basis of :
- The representativeness of the candidates, in particular the results of the candidate or political party in the most recent elections;
- The candidate's ability to demonstrate his or her involvement in the campaign: organization of public meetings, participation in debates, appointment of a financial agent, and more generally any initiative enabling the elements of the candidate's program to be made known to the public.
The principle of equality
The principle of equality is a specific feature of the presidential campaign. It is a direct consequence of the laws governing the election of the President of the Republic, which make provision for equality between candidates from the start of the official campaign.
The principle of equality implies that candidates and their supporters have equal speaking and airtime (cf. article 3 of the law n°62-1292 of November 6, 1962 relating to the election of the President of the Republic by universal suffrage).
Rules for journalists and columnists
Until the opening date of the official campaign, journalists or columnists who are candidates may appear on the air, provided that their comments do not have an impact likely to affect the equality of the candidates.
They must refrain from appearing on the air in the exercise of their duties from the opening of the official campaign until the close of voting.
Editorial rules for handling the campaign
The editorial treatment must be based on moderation and honesty with regard to the treatment and use of extracts from candidates' statements.
Other schemes
Other schemes apply during election periods:
- Access to broadcasts for the deaf or hard of hearing: the main national terrestrial channels must ensure that the deaf or hard of hearing have access (by subtitling or sign language) to the main programs devoted to election news and shown at peak times. Televisions whose average annual audience exceeds 2.5% of the total audience must ensure this access to all programs devoted to election news.
- Schemes applicable to the day before and on polling day: the diffusion of election-related statements, polling data or election results is forbidden on the day before and on polling day, until the close of voting. These schemes are governed by the Electoral Code (see articles L52-1 and L52-2 of the Electoral Code).