Decision of 17 June 2026 issuing a formal notice to Radio Nova SARL

The French regulatory authority for audiovisual and digital communication,

Having regard to Law No. 86-1067 of 30 September 1986, as amended, on freedom of communication, in particular Articles 28 and 42 thereof;

Having regard to Decision No. 2021-103 of 8 December 2021 on the commitments of radio services for the purposes of Article 28(2a) of Law No. 86-1067 of 30 September 1986 on freedom of communication;

Having regard to all the decisions of the French regulatory authority for audiovisual and digital communication authorising SARL Radio Nova to operate, via terrestrial radio transmission using frequency modulation, a radio service known as ‘Radio Nova’;

Having regard to the agreement signed on 6 September 2023 between the French regulatory authority for audiovisual and digital communication and Radio Nova SARL, in particular Articles 3-2 and 4-2-1 thereof, and Annex III;

Having regard to the letters from the French regulatory authority for audiovisual and digital communication dated 27 July and 16 November 2022, as well as that of 17 December 2024, which demand that Radio Nova SARL comply with its obligation to broadcast songs in the French language;

Having regard to the email from the services of the French regulatory authority for audiovisual and digital communication dated 16 March 2026, to which Radio Nova SARL replied by emails dated 14 and 15 April 2026;

Having regard to the results of the diffusion surveys carried out, at the demand of the French regulatory authority for audiovisual and digital communication, by the company Yacast, relating to the music programme shown by Radio Nova SARL during the months of October, November and December 2025;

Whereas:

1. Pursuant to the provisions of Article 4-2-1 of the agreement of 6 September 2023, the French regulatory authority for audiovisual and digital communication may serve a formal notice on the broadcaster to comply with its contractual obligations; in accordance with Article 3-2 and Annex III of that agreement, Radio Nova SARL has undertaken, as a radio station specialising in musical discovery and showing at least one thousand different tracks in any given month, at least half of which are new releases, with each of these tracks not being shown more than one hundred times during that period, to ensure that songs in French or performed in a regional language in use in France, by new artists or from new productions, account for at least 15 per cent of all songs shown.

2. The results of the diffusion survey show that SARL Radio Nova showed 39.5 per cent, 38.6 per cent and 40.1 per cent of new releases each month, against a requirement to broadcast 50 per cent.

3. The results of the diffusion survey also show that, over the same period, the service showed 11.8 per cent, 10.9 per cent and 10.6 per cent of new French-speaking artists or new French-language productions, representing an average of 11.1 per cent for the months of October, November and December 2025, against a requirement of 15 per cent. The requirements relating to the number of different titles shown per month and the maximum number of diffusions of any single title have been met.

4. In its submissions of 14 and 15 April 2026, the broadcaster, drawing on its diffusion data, highlighted the difficulties it faces in balancing compliance with the obligations regarding programme diversity with those relating to new productions. Whilst Arcom takes note of these explanations, they cannot, however, exempt the broadcaster from its legal and contractual obligations. Consequently, as breaches have been identified in relation to two of the four obligations set out in Article 3-2 and Annex III of the agreement of 6 September 2023, this formal notice is hereby served on SARL Radio Nova.

Having deliberated on the matter,

It is hereby decided:

Article 1. – SARL Nova is hereby given formal notice to comply, in future, with the provisions of Article 3-2 and Annex III of the agreement of 6 September 2023.

Article 2 – This decision shall be served on Radio Nova SARL and published in the Official Journal of the French Republic.

Done at Paris, 17 June 2026.

For the French regulatory authority for audiovisual and digital communication:

The Chair,

Mr AJDARI