Decision of May 30, 2024 giving formal notice to France Médias Monde

The French regulatory authority for audiovisual and digital communication,

Having regard to the electoral code ;

Having regard to Act no. 77-729 of July 7, 1977, as amended, relating to the election of representatives to the European Parliament, in particular article 19 ;

Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles 16, 44 and 48-1;

Having regard to deliberation no. 2011-1 of January 4, 2011 relating to the principle of political plurality in radio and television services during election periods;

Having regard to notice no. 2024-01 of March 6, 2024 from the French regulatory authority for audiovisual and digital communication to radio and television services with a view to the election of representatives to the European Parliament on June 8 and 9, 2024;

In view of decision no. 2024-292 of April 25, 2024 relating to the conditions for the production, programming and diffusion of election campaign broadcasts with a view to the European elections on June 8 and 9, 2024, in particular article 47 ;

In view of decision no. 2024-423 of May 23, 2024, pursuant to article 19 of law no. 77-729 of July 7, 1977, as amended, relating to the election of representatives to the European Parliament, setting the duration and number of broadcasts of the official campaign for the election of representatives to the European Parliament on June 8 and 9, 2024;

Having regard to decision no. 2024-424 of May 23, 2024 setting the dates and running order of official campaign broadcasts for the election of representatives to the European Parliament on June 8 and 9, 2024;

Having regard to the decisions of the French regulatory authority for audiovisual and digital communication authorizing France Médias Monde to use frequencies to show the France 24 service;

Having regard to the report on the programs shown on the France 24 service on May 28, 29 and 30, 2024;

Considering the following:

On the legal manager:

1. On the one hand, under article 48-1 of the aforementioned Act of September 30, 1986, the French regulatory authority for audiovisual and digital communication may give formal notice to the company France Médias Monde to abide by the obligations imposed on it by legislative and regulatory texts, and by the principles defined in articles 1 and 3-1 of this Act.

2. On the other hand, under the provisions of article 47 of the aforementioned decision of April 25, 2024: "The national program companies France Télévisions, Radio France and France Médias Monde shall ensure that election campaign broadcasts are properly diffused." By the same decision, the French regulatory authority for audiovisual and digital communication has, in accordance with articles 16 of the law of September 30, 1986 and 19 of the law of July 7, 1977, set the conditions for the production, programming and diffusion of election campaign broadcasts for the European elections on June 8 and 9, 2024. The broadcasting times allocated to each list as part of this campaign were set by the aforementioned decision of May 23, 2024. In another decision of the same date, the French regulatory authority for audiovisual and digital communication, after drawing lots in the presence of representatives of the registered lists, set the dates and running order of the official audiovisual campaign broadcasts that the national program companies mentioned in article 44 of the aforementioned law of September 30, 1986, and in particular France Télévisions, must show on their antennas. This decision makes provision for three diffusion slots corresponding to specific times on each service concerned by the broadcasting of the official campaign and mentions, for each day of diffusion and each of these slots, the list of planned programs as determined by the results of the draw.

On the official audiovisual campaign broadcasts shown by the France 24 service on May 28, 29 and 30, 2024:

3. It is clear from the aforementioned report that France Médias Monde switched the broadcasts of the official audiovisual campaign on the France 24 service on May 28 and 29, 2024 between the first and second broadcast slots. As a result, the programs scheduled for broadcast at 10:45 a.m. on France 24 on May 28 and 29, 2024 were shown at 2:45 p.m. and the programs scheduled for broadcast at 2:45 p.m. were shown at 10:45 a.m.

4. It appears from the same report that on May 30, 2024, when the France 24 service was scheduled to show at around 4:45 a.m. the programs by the lists "Besoin d'Europe" for a duration of 2 minutes 37 seconds, "Réveiller l'Europe" for a duration of 2 minutes 52 seconds, "La France revient! Avec Jordan Bardella et Marine Le Pen" for 2 minutes 56 seconds, and "La France Insoumise - Union Populaire" for 2 minutes 16 seconds, while only the broadcasts of the lists "La France revient! Avec Jordan Bardella et Marine Le Pen" and "Besoin d'Europe".

5. Such facts constitute a breach of the combined schemes of the above-mentioned decisions no. 2024-292 of April 25 and no. 2024-424 of May 23, 2024. The present formal notice should therefore be sent to France Médias Monde.

Decides :

Art. 1. - France MédiasMonde is hereby ordered to comply with the provisions of article 47 of the decision of April 25, 2024 and decision no. 2024-424 of May 23, 2024 by respecting, on the France 24 service, the dates and running order of broadcasts of the official campaign for the election of representatives to the European Parliament on June 8 and 9, 2024 and by ensuring the diffusion of all scheduled broadcasts.

Art. 2 - The present decision will be notified to France Médias Monde and published in the Journal officiel de la République française.

Paris, May 30, 2024.

For the French regulatory authority for audiovisual and digital communication :

Le président,

R.-O. MAISTRE