European and international regulation

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Arcom monitors developments in European Union regulations likely to have an impact on the audiovisual industry in France. Pursuant toarticle 9 of the French law of September 30, 1986, Arcom helps define the position of the French authorities on European Union audiovisual issues, as part of the interministerial coordination provided by the General Secretariat for European Affairs(SGAE).

It also makes a direct contribution to the work of the European institutions, notably by responding to the European Commission's public consultations or through the EU regulators' network. Once the texts have been adopted, Arcom contributes to their implementation and application in France and Europe.

Major European issues

The Audiovisual Media Services (AVMS) Directive

The Audiovisual Media Services (AVMS) Directive is the European legal manager for the audiovisual medium. It covers television and on-demand audiovisual media services, as well as video-sharing platforms. The directive lays down minimum rules for the protection of persons under 18, the promotion of European works, and commercial communications. Member States may adopt stricter or more detailed rules. They ensure that these rules are respected by the services under their jurisdiction. These services can then be freely received throughout Europe.

The AVMS Directive institutionalizes the ERGA (European Regulators Group for Audiovisual Media Services) and enshrines the central role of independent regulatory authorities, including Arcom, and the ERGA in implementing its schemes.

The new SMA directive in 5 questions

Digital Services Act (DSA) regulations

The Digital Services Act (DSA) aims to regulate the activities of digital platforms. The aim is to make digital players more responsible for fighting the spread of harmful and illegal content on their services.

Find out more about DSA

Digital Services Coordinator

The law aimed at securing and regulating the digital space entrusts Arcom with the role of "coordinator for digital services" (CSN). Alongside its European counterparts, the Autorité participates in the supervision of players regulated by the European Commission, such as the very large online platforms and search engines.

At a national level, notably in conjunction with the French national data protection agency (CNIL) and the Direction générale de la Concurrence, de la Consommation et de la Répression des fraudes (DGCCRF), Arcom is responsible for regulating digital services established in France.

Benoît Loutrel, Arcom advisor, chairman of the "Supervision of online platforms" working group.

Arthur Tréguier, project manager, European and International Affairs Department.

Félix Rougier, Project Manager, Online Platforms Department

Media Freedom Regulations

Proposed by the European Commission in September 2022, adopted on April 11, 2024 and published in the Official Journal of the European Union on April 17, 2024, the European Media Freedom Act (EMFA) aims to promote and strengthen the plurality and editorial independence of the media in Europe. It makes provision for common principles and guarantees for all media in Europe (beyond the audiovisual industry) in terms of editorial independence, independent public service and transparency of media ownership.

EMFA proposes to replace the ERGA with a European Committee for Media Services, which would see its missions extended and its means strengthened, in order to contribute to the implementation of this regulation. It would continue to be made up of national regulators, but with strengthened missions.

Find out more about EMFA

Code of good practice against misinformation

The Code of Best Practice against Misinformation is a European initiative, first released in 2018, which aims to limit the spread of misinformation online by requiring platforms to be more transparent about their activities, reducing the monetization of misinformation and strengthening the tools available to users to inform themselves about problematic content.

It includes a series of commitments in key areas, including advertising placements on platforms, political advertising, service integrity, strengthening users, research and fact-checking.

It was drawn up with the major online platforms, online advertising operators, fact-checkers, research organizations and civil society. Signatory platforms voluntarily undertake to respect the Code's commitments.

Through ERGA, Arcom is involved in monitoring Code signatories' compliance with their commitments.

A permanent task force of the European Commission, of which ERGA (represented by Arcom) is a member, has been set up to monitor compliance with the Code.

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The European Union Network of Audiovisual Regulators (ERGA)

Arcom is a member of the European Regulators Group for Audiovisual Media Services (ERGA). After chairing the network for its first two years (2014-2015), Arcom is actively involved in ERGA's work in its various bodies, and in particular as chair, in 2023, of ERGA's working group dedicated to new European legislation concerning the audiovisual industry.

The ERGA was established as an advisory body to the European Commission by a decision of February 3, 2014. The Audiovisual Media Services Directive, as revised by Directive (EU) 2018/1808 of November 14, 2018, institutionalizes the ERGA (Article 30b) and enshrines the central role of independent regulatory authorities and the ERGA in implementing its provisions, notably through:

  • providing technical expertise to the Commission to ensure consistent implementation of the directive in all member states, on issues relating to audiovisual media services falling within the competence of the Commission;
  • the sharing of experience and best practice on the application of the regulatory manager;
  • cooperation and sharing of information between members, as required for the application of the Directive
  • Opinions, at the Commission's request, on the technical and factual aspects of questions relating to the application of certain articles of the Directive.

ERGA brings together the audiovisual regulatory authorities of the twenty-seven EU member states, represented at a high level, regulators from associated countries such as Norway and Iceland, and observers.

ERGA's operation is governed by the European Commission's decision of February 3, 2014 and by its rules of procedure. ERGA holds two plenary meetings a year (June and December), and its members meet throughout the year as part of various internal bodies.

A work program is adopted each year and implemented by the various ERGA sub-groups. It defines the Group's priorities, bearing in mind that ERGA's primary raison d'être is to implement the AVMS Directive, monitor and contribute to European legislative debates concerning the media, and fight misinformation. With recent developments in the sector, ERGA is also increasingly involved in digital texts and dossiers, such as the DSA(see ERGA's position on the DSA) and the Digital Market Act (DMA), as a member of the High Level Group.

Under the provisions of its internal organization, ERGA is chaired by one of the regulators elected by his counterparts, who is supported by a vice-chairman and three other regulators who make up the ERGA Board. ERGA's secretariat is provided by the European Commission's Directorate-General for Communication Networks, Content and Technology (DG CONNECT).

ERGA is developing in line with the implementation of the European Media Freedom Act(EMFA).

Read more

The European Observatory on Infringements of Intellectual Property Rights of the European Intellectual Property Office (EUIPO)

The European Observatory on Infringements of Intellectual Property Rights was created in 2009, and was fully handed over to EUIPO, the EU's leading agency dedicated exclusively to intellectual property issues, in 2012.

The Observatory's network is made up of representatives from the public and private sectors, who actively collaborate in working groups.

Arcom supports other French government departments (the Institut national de la propriété industrielle (INPI), the Direction générale des entreprises (DGE) of the Ministry of Economy and Finance, and the General Secretariat of the Ministry of Culture) in the following Observatory working groups: "Intellectual property in the digital world", "Public awareness raising" and "Economics and statistics".

In addition, Arcom's departments are members of two networks run by the Observatory:

  • The Agorateka Network: Launched in 2016, the European online content portal, Agorateka, helps consumers identify legal supplies of music, TV shows, films, gaming, books and sporting events in participating European countries ;
  • the "intellectual property in education" network.

EUIPO
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On the multilateral front, in addition to the European Regulators's Group for Audiovisual Media Services (ERGA), Arcom is a member of the European Platform of Regulatory Authorities (EPRA), the Network of Mediterranean Regulatory Authorities (RIRM), the French-speaking Network of Media Regulators (REFRAM), the International Institute of Communications (IIC), which organizes the annual International Regulators's Forum (IRF), and the Global Online Safety Regulators Network .

EPRA, the European platform for regulators

Creation and missions

The European Platform of Regulatory Authorities, EPRA, was created in Malta in 1995 to meet the need for strengthening cooperation between regulatory authorities in Europe.

EPRA is the oldest network for the exchange of information and best practices, and a forum for informal discussion, between audiovisual regulators in Europe on subjects of common interest. EPRA's statutes exclude the adoption of political declarations.

Members

EPRA covers the whole of Europe. 55 audiovisuel regulation authorities representing 47 countries or territories are currently EPRA members.

The European Commission, the Council of Europe, the European Audiovisual Observatory and the Office of the OSCE Representative on Freedom of the Media are permanent observers to the platform.

EPRA holds two plenary meetings a year, one in spring and one in autumn, at the invitation of a regulatory body. Between these meetings, members meet online for working group sessions , the topics of which are specified in an annual program. The working languages are French and English.

The EPRABoard is made up of a Chairman and four Vice-Chairmen elected intuitu personae by the members for a two-year term.

The EPRA secretariat is a permanent structure, an association under Alsatian local law, hosted by the European Audiovisual Observatory in Strasbourg. It is responsible for organizing meetings, facilitating the exchange of information between members and updating information on audiovisual regulation in Europe (website www.epra.org).

The EPRA is financed by membership fees.

The EPRA is a dynamic platform for information exchange, providing an opportunity to compare audiovisual regulations and approaches across Europe at its two annual meetings and throughout the year.

The EPRA website is a rich source of documentation on audiovisual regulation in Europe.

EPRA strives to ensure that its work complements that of ERGA.

Arcom plays an active role in the year-round exchange of information between EPRA members. This takes the form of sending out questionnaires or replies to questionnaires, sharing documents, regular exchanges with other national regulators and active participation in network meetings.

REFRAM, the French-speaking network of media regulators

Creation and missions

The Réseau francophone des régulateurs des médias(REFRAM) provides a framework for exchange and cooperation between French-speaking audiovisual regulators. Created in Ouagadougou on July 1, 2007, REFRAM aims to strengthen solidarity and sharing between its members. It provides a forum for debate and exchange of information on media regulation issues, and contributes to the training and cooperation efforts of its members.

The consolidation of the rule of law, democracy and human rights are at the heart of REFRAM's vocation. To achieve its mission, REFRAM relies on the exchange of best practices and organizes working seminars. REFRAM is one of fifteen institutional networks supported by the Organisation internationale de la Francophonie.

Members

Thirty-one French-speaking media regulation authorities have joined REFRAM.

The Organisation internationale de la Francophonie (OIF) has observer status.

The network meets at least once every two years, or at the request of two-thirds of its members. It also organizes thematic conferences.

The Chairman and Vice-Chairman of REFRAM are appointed for a two-year term. The vice-president assumes the presidency when the current president's term of office comes to an end.

The secretariat is permanently entrusted to Arcom.

In order to implement concrete actions in each country, roadmaps and action plans are adopted by members meeting in conference.

"Adapting regulation to the challenges of digital platforms": 7th REFRAM Presidents' Conference

To facilitate this mission, REFRAM manages :

  • organizing thematic conferences at regular intervals ;
  • implementing professional exchange programs between members;
  • helping to improve the human and material means required for regulation.

Toolbox on complaints handling by media regulators

Toolbox on the protection of persons under 18 by media regulators

Activity report

Activity report 2022-2024 of the French-speaking network of media regulators (REFRAM)

Arcom acts as REFRAM's permanent secretariat. It administers and updates the REFRAM website, in conjunction with network members.

As part of REFRAM's cooperative activities, Arcom hosts numerous delegations and carries out expert missions, notably in the field of program control. The President of Arcom is currently Chairman of this network.

RIRM, the network of Mediterranean regulation authorities

Creation and missions

The Réseau des instances de régulation méditerranéennes(RIRM) was created on the initiative of Arcom and the Consell de l'Audiovisual de Catalunya (CAC) in Barcelona on November 29, 1997, to strengthen the cultural and historical links between the two shores of the Mediterranean, and to enable the independent regulatory authorities of the Mediterranean basin to exchange views on the common challenges they face.

The RIRM is a forum for discussion and regular exchange of information and research on audiovisuel regulation issues between regulatory authorities in Mediterranean countries. It is not affiliated to any Euro-Mediterranean organization or program.

It strives for transparency and mutual understanding between its members, notably through the exchange of best practices between regulators. The network promotes free and responsible communication in the Mediterranean basin through a set of fundamental principles for the regulation of audio and video content. The RIRM maintains cooperative relations with international organizations and platforms of similar institutions.

Members

The five founding members of RIRM, signatories of the 1997 Barcelona Declaration, are Arcom, the Catalan CAC, the Italian AGCOM, the Greek CNRTV and the Portuguese ERC.

The network has since opened up and expanded. Today, it brings together twenty-seven national or regional regulation institutions from twenty-four Mediterranean countries or territories (Spain and Israel have three and two institutions respectively).

Membership of the network is open to independent national or regional audiovisuel regulators from countries in the Mediterranean region.

The RIRM meets once a year, in autumn, for a plenary assembly. This meeting is held in the country of the member institution holding the incoming vice-presidency of the network.

At each plenary meeting, the presidency is handed over to the host vice-presidency for one year, and a new incoming presidency is elected. The outgoing president remains vice-president for one year.

Between two plenary assemblies, the Technical Commission, comprising the Chairman, the two Vice-Chairmen, the Executive Secretariat and the network's founding members, meets. Its main task is to prepare the agenda for the plenary meeting.

The network's executive secretariat is provided jointly by Arcom and Morocco's Haute Autorité de la Communication Audiovisuelle(HACA). In this capacity, Arcom has created and administers the RIRM website(rirm.org).

The network's working languages are French, English and Arabic.

The RIRM has led to the adoption of several joint declarations by its members. The 2008 "Marrakech-Reggio" declaration on the regulation of audio and video content was a first step towards the convergence of legal standards.

In its wake, declarations were adopted on the protection of youngsters and the fight against violence in the media, reality TV programmes, the fight against gender stereotypes, the treatment of information relating to the refugee and Mediterranean migrant crisis in the audiovisual media and, under the French presidency in 2017, a declaration for renewed audiovisual medium regulation in the digital environment.

The RIRM has set up a "gender and media" working group. The group has published several studies, including "gender stereotypes through advertisements in the Mediterranean area" (2016), "gender equality in audiovisual service media sports programmes" (2017) or "the representation of women in news magazines and sports audiovisual programmes in the Mediterranean area" (2022).

A second working group is dedicated to media literacy. It meets regularly, and in 2020 published the conclusions of a questionnaire sent to RIRM members to take stock of media and information literacy in the Mediterranean area.

Arcom is a founding member and, along with Morocco's HACA, acts as executive secretariat.

Arcom takes part in the RIRM's annual meetings and in the network's working groups.

The French Superior Audiovisual Council (now Arcom) chaired the network in 2017-2018.

Global Online Safety Regulators Network

Creation and missions

The Global Online Safety Regulators Network was officially launched on November 14, 2022 in Washington, D.C., in conjunction with the Family Online Safety Institute's annual conference. The network, whose working language is English, aims to enable its members to share information, best practices, expertise and experience, in order to support harmonized or coordinated approaches to online safety issues.

Members

The network currently includes the following regulators: Ofcom (UK), eSafety Commissioner (Australia), Online Safety Commission (Fiji), Arcom (France), Coimisiún na Meán (Ireland), Korea Communications Standards Commission (South Korea), Council for Media Services (Slovakia), Film and Publication Board (South Africa), Autoriteit Terroristische Content en Kinderpornografisch Materiaal (ATKM) (Netherlands).

It also includes several observers: 5Rights, Canadian Centre for Child Protection (Canada), Department of Canadian Heritage (Canada), European Parliament Intergroup on Children's Rights (Europe), Family Online Safety Institute, Freiwillige Selbstkontrolle Multimedia-Diensteanbieter e.V. (FSM) (Germany), INHOPE, Integrity Institute (USA), Internet Watch Foundation (UK), National Center for Missing & Exploited Children (USA), National Communications Commission (Taiwan), National Media Commission (Ghana), Netsafe (New Zealand), Red PaPaz (Colombia), Te Mana Whakaatu | Classification Office (New Zealand), WeProtect Global Alliance.

A presiding institution and a vice-president representing the member organizations are responsible for organizing and facilitating the network's meetings and activities.

The chair and vice-chairs are appointed for a one-year term, with a maximum of two consecutive years.

After holding the vice-presidency, the institution becomes president the following year.

The member of the organization holding the presidency, with the support of the vice-presidency, will handle the network's secretarial tasks. Working meetings are held every two months, with meetings of the network's senior executives held quarterly.

The network is currently chaired by the Australian institution for two years.

The network's roadmap highlights three main strategic thrusts for 2023:

  • strategic communications: developing and publishing common positions on online security issues ;
  • greater harmonization: development of a compendium of members' regulatory approaches and identification of areas for cooperation;
  • cooperation: development of a data and information sharing protocol to support cooperation and collaboration.

The Global Online Safety Regulators Network (GOSRN) has published a regulatory index , with the participation of Arcom, to compare international perspectives and approaches to online safety regulation.

Browse the Regulatory Index - Comparing international approaches and perspectives to online safety regulation.

Arcom joined the network in 2023. As such, it participates in the work of this structured international network on the subject of online security.

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Arcom maintains close bilateral relations with its foreign counterparts.

In particular, Arcom has forged close ties with the UK's OFCOM and Germany's DLM (representing the fourteen regional authorities), which it has met once a year since 1996. These tripartite meetings at service level provide an opportunity to compare approaches to regulation and to exchange views on common audiovisual issues.

Every year, Arcom welcomes between forty and fifty delegations from all over the world who wish to learn more about its role and operations. All these visits are personalized: a program of targeted meetings is proposed according to the composition and expectations of each delegation. Meetings can be formal or technical, and take place at departmental, Board member or Chairman level.

Missions

The French model of audiovisuel regulation is followed abroad. Every year, Arcom is invited to share its experience by sending experts to the countries concerned, at their request.

Arcom also participates in institutional cooperation initiatives led by the French authorities, the European Union, the Council of Europe and the International Organization of the Francophonie.

Arcom also seeks out the models and practices of its counterparts, through general or thematic study missions that it regularly carries out abroad. This enriches our work and reflection.

At the same time, video-conferencing exchanges are becoming increasingly common. This method enhances Arcom's agility, increasing the frequency of exchanges and strengthening ties with its interlocutors.