Deliberation no. 2024-15 of July 17, 2024 on respect for the principle of plurality of schools of thought and opinion by service editors
The French regulatory authority for audiovisual and digital communication,
Having regard to Actno. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular Articles1, 3-1, 13 and 16;
Having regard to deliberationno. 2011-1 of January 4, 2011 relating to the principle of political plurality in radio and television services during election periods;
Having regard to deliberationno. 2017-62 of November 22, 2017 relating to the principle of political plurality in radio and television services;
Having regard to deliberationno. 2018-11 of April 18, 2018 relating to the honesty and independence of news and news programmes;
Having regard toConstitutional Councildecisionno. 86-217 DC of September 18, 1986;
Having regard to decisionno. 463162 of February 13, 2024 of the Conseil d'Etat giving a ruling ;
After deliberation,
Decides :
Preamble
The plurality of socio-cultural currents of expression is an objective of constitutional value, the respect of which is one of the conditions of democracy, as recalled by the Constitutional Council in its aforementioned decision of September 18, 1986.This objective is reflected in the aforementioned law of September 30, 1986, article1 of whichmakes provision for the exercise of freedom of communication to the public by electronic means to be limited only to the extent required, in particular, to respect the plurality of expression of currents of thought and opinion.
It is the responsibilityof the French regulatory authority for audiovisual and digital communication to guarantee, in application of article 3-1 of the same law, the plurality of information and the programs that contribute to it, and to ensure, in accordance with its article 13, respect for the pluralist expression of currents of thought and opinion in the programs of service editors, in particular for political and general news programmes.
In its aforementioned decision of February 13, 2024, the Conseil d'Etat ruled that, in carrying out this mission, Arcom must take into account the diversity of currents of thought and opinion expressed by all participants in the programmes shown. The purpose of the present deliberation is to specify the conditions for implementing this decision.
Arcom wishes to reiterate the primacy of freedom of communication, of which it is the guarantor by law. As a result, broadcasters are solely responsible for the choice of themes and speakers, in compliance with applicable laws, regulations and agreements. It also follows that the provisions of the present deliberation cannot be considered as leading to the qualification or classification of all on-air contributors with regard to currents of thought or different sensitivities, subject to the application of the provisions of the aforementioned deliberation of November 22, 2017 relating to the principle of political plurality in radio and television services.
Article 1
The French regulatory authority for audiovisual and digital communication assesses service editors' compliance with the requirement for plurality. It ensures that the expression of currents of thought and opinion is not, with regard to the requirement for diversity, affected by a manifest and lasting imbalance, particularly in news programmes and programmes contributing to information.
In this assessment, it takes into account the contributions of all participants in the programmes shown.
Arcom will also continue to ensure the expression of different points of view in the presentation of controversial issues, in accordance with the last paragraph of Article 1 of the aforementioned deliberation of April 18, 2018.
Article 2
In its assessment of respect for plurality in the expression of currents of thought and opinion, I'Arcom takes into account:
- the variety of subjects or themes covered on air ;
- the diversity of contributors to programs ;
- the expression of a plurality of points of view in the discussion of on-air subjects .
Arcom also takesinto account
- compliance with the obligation to ensure the expression of different points of view in the presentation of controversialissues , in accordance with the last paragraph of article1 of the aforementioned deliberation of April 18, 2018;
- compliance with the above-mentioned deliberation of November 22, 2017 on the principle of political plurality in radio and television services and, during election periods, with the above-mentioned deliberation of January 4, 2011 on the principle of political plurality in radio and television services during election periods.
Barring exceptional circumstances, this assessment covers a period of not less than one quarter for all services, and one month for those whose programming is devoted to continuous news. These deadlines apply without prejudice to the quarterly deadline for assessing compliance with the principle of political plurality mentioned in article 3 of the aforementioned deliberation of November 22, 2017.
Article 3
At Arcom's request, the publisher shall provide the Authority with information enabling it to verify compliance with this obligation. This information shall cover the period specified by the Authority.
Article 4
The present decision applies to Wallis and Futuna, French Polynesia and New Caledonia.
It will be published in the Journal officiel de la République française.
Paris, July 17, 2024.
For the French regulatory authority for audiovisual and digital communication
The Chairman,
R.-O. MAISTRE
Deliberation no. 2024-15 of July 17, 2024 on respect for the principle of plurality of schools of thought and opinion by service editors
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