Arcom notice on article 26 of the law to reduce the environmental footprint of digital content (REEN law)

The French regulatory authority for audiovisual and digital communication,

Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication;

Having regard to Act no. 2021-1485 of November 15, 2021 aimed at reducing the environmental footprint of digital technology in France, in particular article 26;

After due deliberation,

Adopts the following notice:

Article 26 of the law of November 15, 2021 aimed at reducing the environmental footprint of digital media in France stipulates that the French regulatory authority for audiovisual and digital communication (Arcom), in conjunction with the French regulatory authority for electronic communications, post and press distribution (Arcep) and the French agency for the environment and energy management (ADEME), "shall publish a notice concerning consumer information by television services. on-demand audiovisual media services and video-sharing platform services, as defined in article 2 of law no. 86-1067 of September 30, 1986 on freedom of communication, with regard to the energy consumption and greenhouse gas emission equivalents of data consumption linked to the use of these services, taking particular account of the methods of access to this content and the quality of its display".

To this end, Arcom, in conjunction with Arcep and ADEME, held a series of hearings with the professionals concerned by these provisions, and published a public consultation on December 1, 2022 to gather comments from managers on the proposed measures to be implemented under the notice.

Taking into account the contributions to the public consultation, the provisions below, resulting from the work carried out by Arcom, in conjunction with Arcep and ADEME, are in line with the will clearly expressed by the legislator when passing legislation on November 15, 2021, 02 RCAC2324195X in an approach to encourage good consumer practices and the development of enlightened uses. While the measures (I) to (III) specified in the present notice are therefore not of an imperative nature, Arcom, after consultation with Arcep and ADEME, encourages all players to fully subscribe to them.

In 2020, the digital sector accounted for almost 2.5% of the French carbon footprint, or 17.2 million tonnes of CO2 equivalent (MtCO2eq), according to the ADEME - Arcep study (2022 - 2023). This footprint could increase by 45% by 2030 (25 Mt CO2eq) and triple by 2050 (49Mt CO2eq) if current trends continue.

Of all the phases in the digital life cycle, the manufacture of equipment (terminals, data centers, network infrastructures) accounts for 78% of the digital carbon footprint. The use of this equipment accounts for 21% of carbon emissions, and this figure is set to rise, notably as a result of increased usage.

In addition, the development of digital technology is closely linked to that of video consumption. According to Sandvine (January 2023), video streams will account for 66% of global Internet traffic by 2022.

The environmental impact of digital technology must therefore be considered from a global perspective: networks, data centers and terminals are interdependent, and the associated services and uses of digital technology can have a direct effect on the renewal or marketing of new equipment, the amount of data consumed or the sizing of networks. It is therefore important for the economic players involved to work towards more responsible services.

In this context, it seems essential to inform users about the environmental impact of consuming audio and video content, based on the availability of reliable data on the subject (I), and to give them easy access to solutions enabling them to adopt more environmentally-friendly practices (II). These approaches should be based on a common methodology for calculating the environmental impact of audiovisual use, to make them easy to understand (III), and be subject to annual assessment to measure progress (IV).

I. Publishing information to inform users about the environmental impact of consuming audio and video content

A. The type of information made available

Television services, on-demand audiovisual media services (SMAD) and video-sharing platform services undertake to make available to the public:

1°. General, accessible and educational information on the environmental impact of consuming audio and video content.

This information specifies that :

• various players contribute to this environmental impact: notably terminal manufacturers, networks and data centers, audiovisual and video-sharing services, but also the users of these services and platforms, through their uses ;
• with regard to audiovisual services and video-sharing platforms, the intensity of this impact depends on various factors, in particular image quality choices, technical access modalities and the combination of the two;
• the impact also comes under the control of the type of terminal (notably screen size), the frequency with which reception terminals are renewed and the choice of diffusion network.

2°. General quantitative information on the environmental impact of services showing audio and video content, depending on the availability of reliable data on the subject and in conjunction with ADEME. Once a common methodology has been established for calculating the environmental impact of audiovisual uses (based on a "Product Category Reference System" or "PCS"), this information can be expanded to include information specifically on the environmental impact of the services used.

3°. Information on the actions taken by television services, on-demand audiovisual media services (SMAD) and video-sharing platform services to reduce their environmental impact, for example: the use of efficient codecs, the use of cache servers, efforts to make websites sober, their advertising commitments, the showing of programs dedicated to the environment and its protection, the development of sustainable infrastructures (use of more energy-efficient technologies, eco-actions implemented within these infrastructures, ..), the levers available to users, preferably in the form of an "energy-saving" feature, the provision of energy-saving image quality by default on the service or platform, etc.

4°. Information is also provided on the levers available to users to reduce this impact, both by adapting their usage methods and by encouraging more energy-efficient behavior, such as :

• switching off digital terminals and equipment when not in use (TV, internet box/set-top box, etc.);
• the network used by the user does not come under the control of the service operators, so the latter strive to encourage them to use the most energy-efficient networks (where possible, using the fixed network rather than the mobile). Players can enrich their communications with details designed to explain these choices;
• use the levers available to users to reduce the impact of their usage, in particular by proposing a more energy-efficient mode of use on the service or platform.

B. Diffusion of a joint communication campaign

Television services, on-demand audiovisual media services and video-sharing platform services will develop a joint communication campaign to raise public awareness of the environmental impact of consuming audio and video content. The campaign can take a variety of forms, depending on the category of player involved, including the broadcasting of programs dedicated to the environment, an editorial approach (e.g. through subjects dedicated to the environmental impact of audiovisual consumption in regular programs such as magazines, news broadcasts, themed programs, during prime time) or the relaying of a national campaign such as ADEME's Alt Impact campaign.

This campaign is shown or made available to the public for at least one week each year, for example during the European Sustainable Development Week.

C. Other ways of making information available

Outside the campaign period, this information remains easily accessible to users who wish to browse it:

• the information is made available by the players, depending on their category, on the digital platform of the audiovisual service, on-demand audiovisual media service or on the video-sharing platform service, in an easily accessible dedicated section, and may be the subject of live communication during programs dedicated to the environment on linear services;
• an information message is displayed when accessing the digital platform of the audiovisual service, the on-demand audiovisual media service or the video-sharing platform service, to inform the user of the existence of this section. This message could, for example, take the form of an information banner or a section highlighted on the home page of the digital platform, such as "Would you like to know more about eco-actions?
• the information comes from reliable and recognized sources at national or international level, whenever studies from these sources exist and are public (e.g. government or European sources);
• the information is updated as necessary with the latest available data.

II. Access to picture quality settings and public notice of low-energy usage parameters, giving priority where possible to the simple provision of a "low-energy" type function. Television services, on-demand audiovisual media services and video-sharing platform services shall make settings easily accessible to users, and inform them of the existence of these settings and their environmental benefits.

The services offer the public a low-energy setting notice (including in particular image quality, deactivation of automatic video playback), taking account of conditions of use (for example, depending on the size of the terminal screen or the network used). These settings are quickly accessible and easy to set up for the user.

Where technically feasible, services should provide an easily accessible "energy-saving" scheme (the path from the home screen requires a limited number of actions, e.g. one or two "clicks") that automatically applies all the most environmentally-friendly settings.

The existence of the settings interface is clearly visible and indicated by the editor or operator.

III. Establishing a common methodology for calculating the environmental impact of audiovisual use

Television services, on-demand audiovisual media services and video-sharing platform services are invited to set up, with other players in the digital and audiovisual industry, a common methodology for calculating the environmental impact of audiovisual uses linked to the use of their services in 2024 (the Arcom, Arcep and ADEME may be involved in one or more meetings concerning its implementation), on the basis of a categorical reference framework (Référentiel par Catégorie de Produit, or "RCP") produced according to the general principles for the environmental display of products and services developed by ADEME and the European Commission ( Product Environmental Footprint, or "PEF"). In particular, the implementation of such a standard requires the supply of Life Cycle Inventory (LCI) data by the players concerned.

The calculation methodology must enable the development of a homogeneous display for each category of player (a display format that differs depending on whether the service is a SMAD, a TV channel or a video-sharing platform, leading to three different display formats). It must take into account the specificities of different networks, both fixed and mobile. This display could be based, for example, on the model of the work carried out by ADEME as part of Article 13 of the February 10, 2020 law on the fight against waste and the circular economy, concerning the provision of information to subscribers of internet service providers and telecom operators, on the amount of data consumed and their equivalents in greenhouse gas emissions. It will be shared by all the players concerned by the present notice, and will be easy for users to understand.

IV. Information on the implementation of the provisions of the present notice and its application report

Television service editors, on-demand audiovisual media service editors and video-sharing platform service operators shall inform Arcom each year of the actions taken to implement the provisions of the present notice. This information, which is provided by March 31 at the latest for the previous financial year, is backed up by quantified indicators designed to demonstrate the effectiveness of the measures put in place (e.g. visibility of information for the user, regular updates of this information, more sober behavior observed among users in particular) and reports where appropriate on improvements planned for subsequent years in order to strengthen the effectiveness of these measures.

An assessment of the degree of commitment shown by the players concerned will be carried out and made public at the end of the first two years of application of this text.

The present notice will be published in the Official Journal of the French Republic.

Paris, July 26, 2023.

For the French regulatory authority for audiovisual and digital communication

Chairman

R.-O. MAISTRE