Emmanuel Macron, où va la France" show broadcast on December 15, 2021: response to two submissions of a case before the court

Published on 13 January 2022 | Assemblée plénière 15 December 2021

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The French Superior Audiovisual Council (Arcom since January1, 2022) received a complaint from two candidates in the 2022 presidential election concerning the President of the Republic's participation in the program Où va la France , broadcast on December 15, 2021 on TF1 and LCI.

The Council reminded the candidates that the choice of people invited to speak on air was exclusively the editorial responsibility of the radio and television services, and that it had no power to impose or reject the presence of a speaker in a particular program.

With regard to speeches by the President of the Republic, the rules governing political plurality until December 31, 2021 are set out in the Council's deliberation of November 22, 2017. Taking up the case law of the Conseil d'Etat, they stipulate that " Publishers will take into account statements by the President of the Republic which, by virtue of their content and context, fall within the scope of national political debate, within the meaning of the Conseil d'Etat's decision of April 8, 2009, as well as statements by his associates ". Interventions relating to the exercise of his office are not taken into account.

In the light of these schemes, the Conseil will analyze the program to determine how much of the President's speaking time can be deducted from the national political debate. It will be up to the channels concerned to ensure that, by the end of the fourth quarter of 2021, they have satisfied the balances provided for in the deliberation of November 22, 2017, on the one hand, between the executive power and the political parties and, on the other, between the political parties. The Board will naturally be attentive to this.

As of January1, 2022, the rules set out in the specific notice for the presidential election adopted by the Council on October 6, 2021, pursuant to article 16 of the law of September 30, 1986 on freedom of communication, after consulting the Constitutional Council, will apply.