Legal area

Illustration de l'espace juridique.

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    In this legal section, you'll find information on life at the Collège de l'Arcom, reference texts and the Authority's relations with publishers.

    Arcom College

    Decisions

    The French regulatory authority for audiovisual and digital communication (Arcom) may, within the framework of the powers summonsed to it by law, adopt individual decisions targeting a particular publisher or distributor.

    Adopted by the Authority's plenary assembly, these decisions are of various kinds. They may, for example, be decisions to authorize the use of radio resources, simplified renewals of authorizations, or approvals to change the name of a service or a late change in programming.

    As part of its program monitoring activities, the Autorité may also choose to send simple letters or warning letters to publishers or distributors, reminding them of the need to comply with their obligations.

    In addition, the Autorité can issue formal notices to publishers and distributors to comply with their obligations. This is a prerequisite for imposing legal sanctions (except in cases where Arcom suspends or revokes authorization on the basis of article 42-3 of the November 30, 1986 law).

    These individual decisions (formal notice and legal sanctions) are published in the Journal officiel and notified to the publisher or distributor concerned.

    Agenda

    The Board meets "en plénière" (in plenary) on Wednesdays, sometimes more frequently if necessary. During this weekly meeting, Arcom's Chairman and advisors give a ruling on all cases requiring a decision from Arcom. Arcom's deliberations, opinions, notices, legal sanctions, etc. are adopted in plenary session by all the councillors.

    Arcom can itself take up a subject if it wishes to examine more specifically a question linked to its activities and its role as audiovisuel regulator. Complaints received from viewers and listeners or from the audiovisual media are also examined. The topics discussed reflect the diversity of Arcom's activities.

    Legal texts

    Legal texts include notices, notices and deliberations, dispute settlements, and relations with publishers.

    Below are the legal texts issued separately by the French Superior Audiovisual Council and Hadopi before they merged to become Arcom.

    The Government, the presidents of the French National Assembly and the French Senate, and the relevant committees of these two assemblies may request opinions or studies on all activities falling within the competence of Arcom (Article 18 of the law of September 30, 1986).

    Given the close links between the electronic communications and audiovisual industries, the French Post and Electronic Communications Code makes provision on several occasions for Arcep to submit a case before the court when its decisions are likely to have a significant impact on the diffusion of radio and television services (articles L. 36-6, L. 36-8, L. 37-1, D. 301 and D. 302 of the French Post and Electronic Communications Code). Symmetrically, Arcom may be called upon to consult Arcep, notably when its decisions are likely to restrict the supply of electronic communications services (articles 17-1 and 23 of the law of September 30, 1986).

    Arcom is consulted on audiovisual industry matters referred to the Competition Authority (Article 41-4 of the French Law of September 30, 1986). Arcom may issue notices to the Government concerning the development of competition in radio and television broadcasting (Article 17 of the Law of September 30, 1986). It may refer to the Competition Authority for an opinion any questions of competition and concentration of which it is aware in the radio, television and on-demand audiovisual media services sector (fourth paragraph of article 41-4 of the law of September 30, 1986).

    As part of its role as manager of technological protection measures, Arcom may be asked to give its opinion on any question relating to interoperability or any question relating to the benefit of the exceptions listed in the French intellectual property code.

    Arcom has a general power of notice, enabling it to clarify the obligations resulting from the provisions of the law of September 30, 1986 on freedom of communication (article 3-1 of the law of September 30, 1986).

    Article R.331-4 of the French intellectual property code lists the issues that are subject to deliberation.

    Notices concerning freedom of communication

    Deliberations under article R.331-4

    Arcom's dispute settlement jurisdiction applies to disputes concerning the distribution of radio and television services, as well as to the regulation of technological protection measures.

    Radio and television dispute settlements

    Dispute settlements relating to technological protection measures


    Reference texts