Presentation of the 2023 Activity Report to the French senate's Committee on Culture, Education, Communication and Sport

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Mr. Chairman [Laurent Lafon],

Ladies and Gentlemen of the Senate,

It's not without a touch of emotion that I stand before you this evening for the sixth and final time. It will fall to my successor to present you with the Authority's next annual report, a privileged moment of exchange with your Commission and the national representation. I'd like to take this opportunity to introduce Arcom's new Managing Director, Alban de Nervaux, Conseiller d'Etat, who joined our institution on July 1.

Allow me to begin, Mr. Chairman, by warmly thanking you for all the work you have accomplished on audiovisual issues since I was appointed head of Arcom, both under your presidency and that of Catherine Morin-Desailly, whose work I also salute. You have been particularly active, with numerous bills, such as the one that recently bears your name, Mr. Chairman, and those introduced by Senator Robert.

1. Before answering your questions, I'd like to begin with a message of gratitude and thanks.

Over the past 6 years, thanks to the constant support and backing of the French National Assembly and the French Senate, our regulatory authority has undergone a profound transformation. I think it's safe to say that, thanks to your decisive support and the work of our regulator, the Arcom of today is no longer the French Superior Audiovisual Council of yesterday.

Under the impact of 6 European directives and regulations and a dozen national laws, the Authority has undergone a veritable metamorphosis.

• First and foremost, it has consolidated and asserted its independence. Now made up of 9 members, appointed by 5 different authorities, Arcom's solid and united college has been able to carry out all the missions entrusted to it by the legislator.
• Arcom then expanded and strengthened its scope of intervention. At a time when uses, players and broadcasting methods are undergoing profound transformations, it was high time for the regulator to embrace the world and times as they are, and make the digital sphere its own. With the creation of Arcom on January 1, 2022, this is now a reality.
• It has finally adapted and transformed its organization. Taking full advantage of the merger between the French Superior Audiovisual Council and Hadopi, Arcom has been able to deploy a new organization chart, enabling it to optimize its resources in the service of its new and numerous missions.

2. My second message concerns the intensity of the Authority's activity throughout 2023 and the first half of 2024.

Our annual report bears witness to this, and I would like to pay tribute to the commitment and skill of the members of the Board and the Arcom teams. They have spared neither time nor trouble to enable the Authority to exercise its multiple competencies. Let me give you just a few examples.

• Firstly, the ever-sensitive mission of respecting plurality of thought and opinion, the guiding principle of regulation, which was more than ever at the heart of our work, whether in the context of the European elections, the legislative elections, or the implementation of the Conseil d'Etat's important decision of February 13.
• Secondly, the organization of our audiovisual landscape, with issues as important as the unprecedented call for bids for 15 national DTT frequencies, the continued rollout of digital radio, DAB+, the launch of Ultra High Definition for the 2024 Olympic and Paralympic Games, and our deliberations on the implementation of the "services of general interest" regime, a real issue of sovereignty, to offer appropriate visibility to our national service editors in the new digital environments. Related to this topic, the protection of creation and rights on the Internet also mobilized us a great deal in 2023 and 2024: the "cinema" bill made provision for more fluid proceedings in the fight against the piracy of cultural works, and we hope that these provisions can be adopted soon.
• Similarly, Arcom has been active on all the societal challenges of regulation. We are delighted that this exceptional summer saw unique on-air coverage of women's sport and parasport, subjects that the regulator has been promoting for years. The same is true of our progress in environmental protection, alongside Arcep and ADEME, with the publication in May of our reference document on the eco-design of digital services and, yesterday, of our study on the environmental impact of audiovisual uses. These reference documents provide a well-founded, robust basis for the work of authorities, suppliers and users of these services.
• Finally, in the digital sphere, there was no shortage of deadlines for the regulator either. The law aimed at securing and regulating the digital space officially designated Arcom as the national coordinating authority for the implementation of the European regulation on digital services, in conjunction with the French national data protection agency and the DGCCRF, with which we have signed agreements. European cooperation to implement this new regulation framework is already beginning to bear fruit, with, for example, the successful action taken by the European Commission, with our contribution, against TikTok Lite. At the recent Sommet de la Francophonie, the Autorité, which chairs the network of French-speaking regulators, also contributed to the drafting and adoption of the Appel de Villers-Cotterêts pour un Internet plus sûr (Villers-Cotterêts Appeal for a Safer Internet).

On the subject of protecting persons under 18 online, a subject which - I know - is of great and legitimate concern to the French senate, with pioneering work by the women's rights delegation, Arcom has never let up its vigilance since the passing of the law of July 23, 2020.

The passage of the SREN law marked a new stage, and the Authority has just made public its technical repository on age verification for the protection of persons under 18 from online pornography, following the opinion of the French national data protection agency. We hope that the sites concerned, which have distinguished themselves by their inability to comply with criminal law, will now be more inclined to protect our children. I would remind you that according to a study we carried out in 2023, more than 2.3 million persons under 18, some of them very youngsters, visit these sites every month in France.

3. I'd like to end this speech with a message of confidence and hope, so that the momentum we've started will continue in the future.

In particular, I would like to share three forward-looking thoughts with you.

• The first concerns the future of public audiovisuel, a subject I know is close to your heart. It plays a crucial role in the balance of our audiovisual panorama, whether in terms of information, support for creation or its contribution to national cohesion. At a time of "global media" and increasingly international competition, we need to chart a new course for these companies. This will necessarily involve an overall strategy. Local supply, information supply, digital supply, cultural supply, winning back the hearts and minds of youngsters: the public service needs to pool its strengths, not to dilute itself, but to federate. And while this is a choice that can only be made by the State shareholder and Parliament, I am convinced that only a joint presidency will enable us to achieve this renewed strategic ambition. The corollary must be to guarantee the public service the dedicated, survival resources that will ensure its independence and enable it to carry out a long-term project for the future.

I hope that the parliamentary debates in the autumn, with the help of your proposed law, will provide an opportunity to open up this new perspective for our public audiovisuel companies and the 15,000 employees who carry out these important missions for our fellow citizens.

• My second point concerns the place of radio in our media landscape. As you know, last June we published a White Paper devoted to the French people's favorite and most trusted medium. We announced this project at a round-table discussion organized in the French senate by your committee on DAB+: it has now been completed and must be put into practice. Digital terrestrial diffusion, which already covers over 60% of mainland France, supplies this medium with new prospects. Our White Paper sets out a roadmap for the future of this medium and its gradual shift to digital. We believe it is now essential that the authorities take up this issue to support all players in this transformation and modernised movement. Whether it's through legislative or regulatory measures, or financial support, the national representatives and authorities as a whole have an essential role to play in ensuring the successful transformation of this medium.

• The third and final thought I'd like to share with you concerns the momentum generated by the Etats généraux de l'information. This dynamic is in full resonance with the recent European regulation on media freedom. Arcom made a key contribution to the work of the EGI, not only through its hearings, but also through the publication of two studies: one on media advertising resources by 2030, and the other on the information sources of the French. These publications address priority issues: the economic model of our media, which must be strengthened to ensure external plurality, and the confidence that our fellow citizens place in their news media. Producing quality information is expensive, but false information costs us even more.

In this respect, the time is ripe for action to ensure a better balance of funding between content media and digital players, who will capture two-thirds of advertising revenues by 2030. Arcom is also summoning the necessary overhaul of a partly obsolete anti-concentration scheme, in order to bolster media plurality.

As you will have understood, Mr. Chairman, Senators, ladies and gentlemen, the regulator, now digital, has undergone a profound transformation over the past six years in response to developments in the media landscape, the expectations of audiences and the needs of publishers.

It will have changed name, size, governance and, by the end of the year, even geographical location.

At the beginning of 2025, a new page will open for Arcom, with the renewal of one third of its board. While there are still many challenges ahead, I hope that my successor will share my good fortune in benefiting from the trust and support of a Parliament that is committed to our issues, listens to the challenges facing the sector and is determined to find solutions. Confidence and support to defend and support an Authority that is recognized and respected in Europe, fully committed to serving all French citizens, and guarantor of a fundamental public freedom: freedom of communication.

Thank you for your attention, and I look forward to answering any questions you may have.