Political plurality outside election periods and the concept of a political figure

The decision of 22 November 2017 by the French Superior Audiovisual Council (CSA, now Arcom) thus sets out the general framework within which the regulator assesses compliance by radio and television service providers with the principle of political plurality:

With regard to the calculation of speaking time for political figures – a concept not defined by law – until recently, only the speaking time of political figures holding an elected office or belonging to the executive or to a political group or party was eligible for inclusion in the tally.

However , as the political landscape has developed, this approach has been broadened in light of various situations in order to give full effect to the principle of political plurality. The Council of State, to which the matter was referred by political figures so classified by Arcom, confirmed the regulator’s assessment.

In light of developments in case law relating to this broader interpretative framework, Arcom sets out below the rules governing the calculation of speaking time for political figures, as well as the criteria taken into account.

The Authority addresses this guidance in particular to providers of radio and television services, who are responsible for identifying political figures, recording and reporting their speaking times, and reminds them of the tools and procedures put in place by Arcom to facilitate compliance with these obligations.

Broadcasters are invited to contact the regulator in the event of any issues.

Arcom will also publish, in autumn 2026, the specific rules applicable in the run-up to the 2027 presidential election.

In its decision of 22 November 2017, the regulator set out the criteria against which, without prejudice to the rules it lays down for election campaigns and subject to a specific assessment of each situation, it assesses compliance by radio and television service providers with the principle of political plurality.

Thus, broadcasters must ensure that the combined speaking time of the President of the Republic in the context of the national political debate, his advisers and members of the Government corresponds to one-third of the total speaking time.

For other broadcasts, broadcasters must ensure that political parties and groups which reflect the main currents of national political life are allocated a fair share of airtime, taking into account factors that enable an assessment of their representativeness, in particular the results of elections, the number and categories of elected representatives affiliated with these parties and groups, the size of their parliamentary groups, the findings of opinion polls and their contribution to the national political debate. In this context, the Authority permits the use of ranges.

Arcom’s departments are available to broadcasters to discuss any potential difficulties, particularly regarding the assessment of the representativeness of political parties and groups.

1.1 Individuals with links to a political party or holding a government office or position

It follows from the case law of the Council of State that the following must be considered cumulatively:

• on the one hand, whether the person holds an elected office, exercises government functions or belongs to a political party, group or movement;
• on the other hand, whether the person appears to be actively involved in shaping the political debate.

In a decision of 10 July 2025 (No. 492265), the Council of State, in determining whether a person was a political figure in the case of an elected member of the municipal council of a ‘major’ municipality, did not confine itself to noting the exercise of that elected office but also took into account the fact that the person concerned “appears regularly on air, on at least one television channel, to comment on current affairs relating to various political subjects”. It concluded that the individual in question could be regarded, “in view of both his elected office and his appearances as a participant in political debate”, as a political figure within the meaning of Article 13 of the Act of 30 September 1986.

Thus, the classification of elected representatives, holders of government posts and members of political parties as political figures is linked to their active participation in political debate.

Such participation is presumed in the case of the majority of elected representatives appearing in the audiovisual media (figures holding a national elected office and those holding significant local elected offices). The status of members of the Government as political figures will also be inferred from their roles, which by their very nature lead them to drive the national political debate.

Similarly, known membership of a political party is a particularly strong and relevant indicator for identifying political figures.

However, certain criteria may be less obvious, for example in the case of elected representatives within small local authorities.

In such cases, the involvement of the elected representatives concerned in driving political debate should be assessed by referring to indicators such as the positions publicly expressed by the individuals in question on political issues in the media – including local media – on social media, online or at public meetings, for example.

The Authority considers that anonymous activists, even if their membership of a political party is established, do not fall within the category of political figures within the meaning of Article 13 of the Act of 30 September 1986.

As regards figures with links to a political party or holding a mandate or government office, the status of ‘political figure’ normally ceases to apply once that involvement (the exercise of political functions or membership of a political party) ends. Where appropriate, the status of ‘political figure’ will be retained if the situation of the individuals concerned corresponds to one of the cases mentioned in the point below.

1.2 The specific case of public figures who no longer hold political office or belong to a political party

In a decision of 28 September 2022 (No. 452212), the Council of State held that the regulator had not misinterpreted the law in finding that four individuals should be regarded as political figures “even though, at the time of its decision, they were neither elected representatives nor candidates in any election and were not, or were no longer, members of a political party or group”.

This assessment was confirmed in a series of decisions handed down on 10 July 2025 (Nos. 493916,494719 and490949) and 12 March 2026 (No. 502753) by the Council of State in relation to other figures whom Arcom had identified as political figures, even though they no longer held elected office, no longer exercised political responsibilities and no longer belonged to a political organisation.

It is clear from this case law, in particular, that the classification as a political figure may be applied in three scenarios, which are not mutually exclusive:

• the person concerned has recently belonged to a political party and is actively participating in national or local political debate;
• the person concerned has recently held an elected office or exercised political responsibilities, or has stood as a candidate, and is actively participating in national or local political debate;
• the person concerned aspires to hold political office and is actively involved in national or local political debate.

The requirement relating to the recent nature of party membership or the exercise of political functions is assessed on a case-by-case basis, in particular with regard to the person’s awareness and the significance of their political career. It will be applied flexibly, for example, in the case of a former President of the Republic or a prominent figure who has held government office for a long period.

Set out below are a number of cases in which Arcom has recognised the status of ‘political figure’ even though the individuals concerned were no longer holding political office or were no longer members of a political party, with Arcom’s assessment having been upheld by the Council of State. The development of the circumstances of some of these figures may have occurred subsequently.

The identification of such political figures – who represent a very small proportion of those involved in politics – is decided by the panel on a case-by-case basis and results in a notification being sent to both the individuals concerned and the providers of radio and television services. The classification as a political figure thus determined by Arcom may, on a case-by-case basis, be reviewed, either on the demand of the individual concerned or on Arcom’s own initiative, in the event of a change in circumstances.

In most of the aforementioned cases, the criterion of active participation in national or local political debate was met through the individual’s role as a commentator or regular contributor to television programmes.

In its assessment of whether or not to maintain the classification as a political figure in respect of contributors who no longer hold political office and no longer belong to a political party, Arcom is naturally led to take into account the significance and duration of the political roles previously held by the individual concerned, as well as their awareness. Broadcasters are therefore summoned to pay particular attention to the issue of calculating speaking time for public figures who have had a significant political career and who continue to take a regular and public stance on political issues.

2. Does the classification as a political figure have any bearing on the freedom of expression of political figures and the editorial freedom of publishers?

No. Arcom’s decision to require broadcasters to record the duration of a political figure’s appearances does not call into question that figure’s ability to express themselves in the audiovisual media, nor does it prevent broadcasters from inviting them to appear.

However, it is their responsibility to comply with the decision of 22 November 2017.

3. Which participants are not regarded as political figures?

It follows from the above that not every person taking part in political debate is to be classified as a political figure within the meaning of section 13 of the Act of 30 September 1986, provided they do not meet the criteria set out in point 1, such as membership of a political party, holding an elected office or seeking to hold one. By way of example, the following individuals do not fall within the category of political figures, provided they do not meet the criteria set out in point 1. Publishers are, however, reminded that statements made by these figures and shown on radio and television channels may be taken into account under Decision No. 2024-15 of 17 July 2024 concerning compliance with the principle of plurality of schools of thought and opinion:

• Persons holding office in international or supranational organisations (the European Commission, the ECB, the OECD, the IMF, UNESCO, etc.);
• Serving members of the Constitutional Council, the final court of appeal, the Council of State, the National audit office, the Economic, Social and Environmental Council, the body of magistrates of the administrative tribunals and the administrative courts of appeal, the body of judges of the judicial system and the body of judges of the regional audit chambers;
• Members of ministerial cabinets;
• Senior civil servants (prefects, diplomats, etc.);
• Political commentators (presenters, editorial writers, journalists, columnists, experts);
• Foreign political figures, except those who, as citizens of the European Union, are elected from a list submitted in France for the European elections;
• Trade union leaders or representatives from the voluntary sector.

4. Is the President of the Republic a political figure whose total speaking time is taken into account when assessing political plurality?

In a decision of 8 April 2009 (No. 311136), the Council of State clarified that whilst, owing to his position within the constitutional organisation of authorities, the President of the Republic does not speak on behalf of a political party or group and his speaking time need not be taken into account in that capacity, this does not mean that his statements and those of his advisers can be regarded as, in principle and without any distinction as to their content or context, unrelated to the national political debate and the assessment of plurality.

It follows from this case law that the speaking time of the President of the Republic and his advisers is taken into account when it relates to the national political debate. Conversely, when the President of the Republic speaks in the course of his sovereign duties, his statements are not taken into account.

5. Should broadcasters systematically record the airtime allocated to politicians?

Yes. Certain broadcasters are required to record the airtime of political figures on a monthly basis. This applies to the television service editors of the following channels: TF1, France 2, France 3, France 5, Canal+, M6, TMC, TFX, BFM TV, CNews, LCI, franceinfo:, RMC Découverte, RMC Story, T18 and Novo19. The same applies to the service editors of the following radio services: France Culture, France Info, France Inter, Radio Classique, RMC, RTL, BFM Business, Europe 1 and Sud Radio.

Other broadcasters, including those with a local focus, must, on the regulator’s demand and for the period specified by the regulator, record the airtime allocated to political figures.

6. Is a tool made available to the broadcasters concerned?

Yes. The identification of political figures, as well as the recording and reporting of their speaking times, is the responsibility of the broadcasters. Arcom establishes and maintains several databases (notably listing the political figures most likely to appear in the media) which are permanently available to them, in order to facilitate their identification work and ensure consistency in their records. These databases, which are simply decision-support tools, are not exhaustive. In the event of any doubt regarding the classification of a public figure, publishers are invited to contact Arcom.

7. Which programmes should be taken into account when recording speaking times?

All programmes: news programmes and bulletins, current affairs programmes and other programme content, in accordance with Article 13 of the Act of 30 September 1986.

The records must therefore distinguish between appearances according to the various programme categories mentioned above.

8. Must the full duration of political figures’ appearances be recorded?

In principle, the speaking time of political figures must be recorded in full, regardless of the content of their contributions.

However, under the so-called ‘dual role’ rule, where a political figure has gained awareness or expertise outside the field of politics (sport, music, medicine, science, etc.), appearances made solely on the basis of that awareness or expertise need not be recorded.

Clips intended to be humorous which include extracts from political speeches, on the other hand, require a case-by-case assessment. In particular, those which involve a parodic distortion or alteration of the content of the remarks need not be counted.

As regards archive footage, this is included in the calculation of speaking time, except in specific cases where it relates to the recollection of a memory or comments of a historical nature, forming part of a review of a past political period.

9. How are speaking times for political figures allocated?

The speaking times of political figures must be allocated to one of the relevant categories set out in Article 1 of the resolution of 22 November 2017: the President of the Republic, the Government (these two categories being combined within the executive, except during periods of cohabitation) and political parties and groups that articulate the broad directions of national political life. Where appropriate, it is the responsibility of broadcasters to gather all relevant information for the allocation of speaking time to political figures from the individuals concerned or from the political groups, to which, where they are represented in Parliament, Arcom sends a monthly statement of political figures’ speaking time in accordance with Article 13 of the Act of 30 September 1986.

The speaking times of political figures who do not fall into any of these categories must be allocated to the categories ‘miscellaneous’, ‘miscellaneous right’, ‘miscellaneous left’ or ‘miscellaneous centre’ according to the political stance of the individuals concerned.

10. When must broadcasters submit records of politicians’ speaking times to Arcom?

The airtime of political figures must be submitted to Arcom no later than the end of the month following the month in which the airtime was recorded.

11. Is the record of speaking times for political figures published?

Yes. The record of speaking times for political figures in news programmes, news bulletins, magazines and other programme broadcasts is published on Arcom’s website.

It is sent each month to the Speakers of the French National Assembly and the French senate and to the leaders of the various political parties represented in Parliament.

12. Does Arcom check the accuracy of all the data submitted by publishers?

Arcom’s departments carry out spot checks on the accuracy of the data submitted.

13. How frequently does Arcom assess compliance with the principle of political plurality?

Arcom assesses broadcasters’ compliance with the principle of political plurality on a quarterly basis.

14. In the event of a broadcaster failing to comply with the principle of political plurality as defined by the decision of 22 November 2017, what measures may Arcom take?

In the event of a breach, Arcom may take graduated action against the broadcaster, employing several levels of measures: a reminder of the regulations, a warning, a formal notice and the imposition of legal sanctions under the conditions set out in Articles 42, 42-1, 48-1 and 48-2 of the Act of 30 September 1986.