Touche pas à mon poste!" show to be broadcast on March 9, 2023: C8 served with formal notice

French regulatory authority for audiovisual and digital communication,
Having regard to Act no. 86-1067 of September 30, 1986 on freedom of communication, in particular articles 1, 3-1, 28 and 42;
Having regard to decision no. 2003-309 of June 10, 2003, as amended and extended, authorizing Bolloré Media, now Direct 8 and then C8, to use a radioelectric resource to operate a national free-to-air digital terrestrial television service called C8, and decision no. 2019-214 of May 29, 2019 renewing this authorization;

Having regard to the agreement entered into between the French Superior Audiovisual Council and C8 on May 29, 2019 concerning the C8 television service, in particular articles 2-2-1, 2-3-8 and 4-2-1 ;
Having regard to deliberation no. 2018-11 of April 18, 2018 of the French Superior Audiovisual Council relating to the honesty and independence of news and the programs that contribute to it, in particular article 1;
Considering the broadcast elements of the program "Touche pas à mon poste" shown on March 9, 2023 on the C8 television service;
Considering the following:
On the legal manager:

1. Firstly, pursuant to the provisions of article 42 of law no. 86-1067 of September 30, 1986 and the stipulations of article 4-2-1 of the agreement of May 29, 2019, the French regulatory authority for audiovisual and digital communication may give formal notice to C8 to abide by the obligations imposed on it.
2. Secondly, under the provisions of article 2-3-8 of the May 29, 2019 agreement, " the publisher shall comply with the deliberation of the French Superior Audiovisual Council relating to the honesty and independence of news and the programs that contribute to it ". This decision was taken on the basis of the third paragraph of article 3-1 of the law of September 30, 1986, which stipulates that " the French regulatory authority for audiovisual and digital communication guarantees the honesty, independence and plurality of information and the programs that contribute to it, subject to article 1 of [this] law ", which affirms the principle of freedom of communication to the public by electronic means.

On the "Touche pas à mon poste" program of March 9, 2023:
With regard to the obligation of honesty and rigor in the presentation and processing of information:

5. It emerges from the record of the broadcast of the program " Touche pas à mon poste ", shown on C8 on March 9, 2023 and linked to the case in which Pierre Palmade is implicated, that part of this program was devoted to drug use in political and artistic circles. During this segment, a guest mentioned the consumption by certain celebrities of " adrenochrome ", a substance obtained by oxidizing adrenaline and presented on air as being derived from the blood of kidnapped and sacrificed children.
6. The allegations that such a substance is used as a psychotropic drug in certain circles, and that it is obtained through trafficking in tortured children, are conspiracy theories and in no way substantiated.
7. Consequently, the publisher has failed to demonstrate honesty and rigor in the presentation and processing of information. It has thus disregarded the aforementioned stipulations of article 2-3-8 of its agreement and the aforementioned schemes of article 1 of the deliberation of April 18, 2018, to which it refers.

With regard to the obligation to control the antenna :

8. It is clear from the record of the broadcast that the guest's statements were not firmly and immediately contradicted, even though they were foreseeable in view of his public remarks. Similarly, the broadcast revealed a certain complacency towards the guest, who was regularly challenged and encouraged to elaborate on some of his remarks, with the host going so far as to lend credibility to some of them, particularly the most serious, declaring on the subject of " adrenochrome ": " There are a lot of people on the networks who say that Gérard raises something, which is, which is, which is real. [...] There are people who say it exists", " It's a practice, apparently it exists, and he's right to say so, because what Gérard is saying is also very serious, and it's important that he says so ". Finally, the fact that on several occasions the host indicated that the guest's comments were his own responsibility does not mitigate the publisher's liability.
9. Such a situation constitutes a failure on the part of the publisher to exercise control over its broadcasting, and thus constitutes a breach of the aforementioned stipulations of article 2-2-1 of its agreement.

10. It follows from the foregoing that C8 should be given formal notice to comply, in the future, with, on the one hand, with the aforementioned stipulations of article 2-3-8 of the May 29, 2019 agreement as well as with the aforementioned provisions of article 1 of deliberation no. 2018-11 of April 18, 2018 of the French Superior Audiovisual Council relating to the honesty and independence of news and the programs that contribute to it and, on the other hand, with the aforementioned stipulations of article 2-2-1 of the May 29, 2019 agreement.
After deliberation,

Decides :

Art. 1. - C8 is hereby ordered to comply in the future, with regard to the " C8 " television service, on the one hand, with the aforementioned stipulations of article 2-3-8 of the agreement of May 29, 2019, as well as with the aforementioned provisions of article 1 of deliberation no. 2018-11 of April 18, 2018 of the French Superior Audiovisual Council relating to the honesty and independence of news and the programs that contribute to it and, on the other hand, with the aforementioned stipulations of article 2-2-1 of the agreement of May 29, 2019.
Art. 2 - The present decision will be notified to C8 and published in the Journal officiel de la République française.

Paris, July 26, 2023.

For the French regulatory authority for audiovisual and digital communication

The Chairman
R.-O. MAISTRE