Decision of April 15, 2022 giving formal notice to Lagardère Active Broadcast
The French regulatory authority for audiovisual and digital communication,
Having regard to Act n° 62-1292 of November 6, 1962, as amended, relating to the election of the President of the Republic by universal suffrage;
Having regard to Law no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles 16 and 42;
Having regard to notice no. 2021-03 of October 6, 2021 from the French Superior Audiovisual Council to audiovisual communication services for the election of the President of the Republic;
Having regard to all the authorizations issued to Lagardère Active Broadcast for the diffusion of a category E radio service called "Europe 1";
Having regard to the agreement signed on July 15, 2020 between the French Superior Audiovisual Council and Lagardère Active Broadcast, in particular articles 2-3 and 4-2-1;
Having regard to the letters dated March 14 and April 5, 2022 sent by the French regulatory authority for audiovisual and digital communication to Lagardère Active Broadcast;
Having regard to the statement of speaking time and airtime for candidates and their supporters shown by the "Europe 1" radio service from March 28 to April 8, 2022 as part of the coverage of news linked to the campaign for the first round of the election of the President of the Republic;
After deliberation,
Considering the following:
On the legal manager:
1. Firstly, under the provisions of article 42 of the Act of September 30, 1986: "Publishers (...) of audiovisual communication services (...) may be given formal notice to abide by the obligations imposed on them by legislative and regulatory texts and by the principles defined in articles 1 and 3-1". Article 4-2-1 of the July 15, 2020 agreement makes provision for the publisher to be given formal notice to comply with its stipulations.
2. Secondly, under the provisions of 3° of 1.4 of the October 6, 2021 notice: "During the election campaign, in accordance with I bis of article 3 of the aforementioned law no. 62-1292 of November 6, 1962, publishers shall ensure that speaking time and airtime granted to candidates and their supporters are equal under comparable programming conditions. With a view to the second round of voting, the principle of equality must be respected from the Monday following the first round to the Friday inclusive preceding the second round". Paragraph 4 of the same 1.4 makes provision for "comparable programming conditions to cover the presentation of and access to the airwaves for candidates and their supporters (...) within each of the time slots detailed below:- morning segment: 6 a.m. - 9 a.m.; - daytime segment: 9 a.m. - 6 p.m.; - evening segment: 6 p.m. - midnight; - nighttime segment: 0 a.m. - 6 a.m.".
3. Thirdly, paragraph 1 of article 2.3 of the July 15, 2020 agreement makes provision for: "The licensee shall ensure the plurality of currents of thought and opinion, in particular within the framework of the notices issued by the French Superior Audiovisual Council (...)".
Context:
4. In a letter dated March 14, 2022, the French regulatory authority for audiovisual and digital communication warned the publisher against repeating the breaches it had observed in the course of its examination of the speaking and airtime of candidates and their supporters during the first period referred to in the notice of October 6, 2021, running from January 1 to March 7, 2022. In a letter dated April 5, 2022, the publisher was served with a firm warning regarding the breaches observed in the breakdown of speaking time and airtime for candidates and their supporters shown on its airwaves during the second period mentioned in the notice, running from March 8, 2022 to the day before the start of the election campaign.
The facts of the case :
5. An examination of the airtime and speaking times recorded on the "Europe 1" service from March 28 to April 8, 2022, as part of the news coverage of the campaign for the first round of the election of the President of the Republic, shows that the candidates and their supporters received unequal amounts of airtime and speaking time in each of the segments under consideration. Thus, in the morning segment, the lowest speaking time volumes were 5 minutes and 5 seconds for Philippe Poutou, 22 minutes and 2 seconds for Anne Hidalgo and 26 minutes and 58 seconds for Jean Lassalle, while the highest were 35 minutes and 31 seconds for Marine Le Pen, 36 minutes and 20 seconds for Eric Zemmour and 37 minutes and 27 seconds for Nathalie Arthaud. Airtime in the same segment also varied significantly, from 6 minutes 45 seconds for Philippe Poutou and 22 minutes 34 seconds for Anne Hidalgo, to 41 minutes 31 seconds for Eric Zemmour and 54 minutes 46 seconds for Emmanuel Macron. The daytime segment was characterized by Philippe Poutou's absence from the airwaves, speaking time volumes ranging from 15 minutes and 39 seconds for Jean Lassalle to 27 minutes and 54 seconds for Marine Le Pen, and airtime volumes ranging from 15 minutes and 39 seconds for Jean Lassalle to 27 minutes and 57 seconds for Emmanuel Macron. In the evening segment, the least significant amounts of airtime were 1 minute and 34 seconds for Philippe Poutou and 5 minutes and 36 seconds for Nicolas Dupont Aignan, and the highest were 7 minutes and 52 seconds for Yannick Jadot and 8 minutes and 10 seconds for Emmanuel Macron. Airtime in the same segment ranged from 1 minute 34 seconds for Philippe Poutou and 5 minutes 36 seconds for Nicolas Dupont Aignan, to 10 minutes 35 seconds for Marine Le Pen and 15 minutes 30 seconds for Emmanuel Macron. In the night-time segment, airtime ranged from the lowest to the highest by more than 6 minutes and 30 seconds.
6. While the publisher has indicated that candidate Philippe Poutou refused to appear on its airwaves during this period, the fact remains that access to airwaves for the other candidates and their supporters was marked by significant disparities across all time segments, characterizing numerous breaches of the obligation of equality under comparable programming conditions provided for in the notice of October 6, 2021, as well as disregard of the stipulations of article 2-3 of the agreement of July 15, 2020.
7. All of the facts mentioned in points 5 and 6 of this decision justify giving the publisher formal notice, on the one hand, to comply with the provisions of the notice of October 6, 2021 by respecting the principle of equal speaking time and airtime for candidates and their supporters under comparable programming conditions during the campaign period for the second round of the election of the President of the Republic and, on the other hand, to respect in the future the stipulations of article 2-3 of the agreement of July 15, 2020.
Decides :
Art. 1. - Lagardère Active Broadcast is hereby ordered, on the one hand, to comply with the provisions of the notice of October 6, 2021 by respecting the principle of equal speaking and airtime for candidates and their supporters under comparable programming conditions during the campaign period for the second round of the election of the President of the Republic and, on the other hand, to respect the stipulations of article 2-3 of the agreement of July 15, 2020 in the future.
Art. 2 - The present decision will be notified to Lagardère Active Broadcast and published in the Journal officiel de la République française.
Signed in Paris,
April 15, 2022.
For the French regulatory authority for audiovisual and digital communication :
Le président,
R.-O MAISTRE
Decision of April 15, 2022 giving formal notice to Lagardère Active Broadcast
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