French Broadcasting Regulation: ARCOM, Media Concentration, and Public Broadcasting
French broadcasting regulation is governed by the Code de la communication audiovisuelle et numérique (formerly the Loi du 30 septembre 1986 relative à la liberté de communication). The regulatory landscape has been transformed by the creation of ARCOM (Autorité de Régulation de la Communication Audiovisuelle et Numérique) in 2022, which merged the former Conseil Supérieur de l’Audiovisuel (CSA) and the Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet (Hadopi). French broadcasting law addresses audiovisual licensing, media concentration, political pluralism, and the regulation of digital platforms.
ARCOM
ARCOM (Autorité de Régulation de la Communication Audiovisuelle et Numérique) is the independent regulatory authority responsible for audiovisual and digital communication in France. Established by the Law of 25 October 2021, ARCOM merged the CSA (which regulated audiovisual media) and Hadopi (which enforced copyright online). ARCOM is composed of a college of nine members appointed for six-year terms.
ARCOM’s responsibilities include: the licensing of audiovisual services; the regulation of media concentration; the monitoring of political pluralism; the protection of minors in audiovisual media; the regulation of digital platforms; and the enforcement of copyright online. ARCOM has extensive regulatory powers, including the power to issue licences, to impose sanctions, and to issue recommendations.
Audiovisual Licensing
The provision of audiovisual media services in France requires a licence from ARCOM. The licensing procedure applies to television and radio services broadcast over the air. The licence specifies the terms and conditions of the service, including the programming obligations, the advertising limits, and the technical parameters.
The licensing procedure is competitive. Applicants must demonstrate their financial capacity, their technical competence, and their commitment to the public interest objectives of French broadcasting law. The licence is granted for a fixed period (generally 10 years for television and 5 years for radio) and may be renewed.
Media Concentration Rules
French law imposes strict limits on media concentration to ensure the diversity of media voices and to prevent excessive concentration of ownership. The rules were established by the Law of 30 September 1986 and have been amended several times. The rules apply to both national and local media markets.
The media concentration rules limit the number of television licences that a single person or company may hold. The rules also limit the cross-ownership of different types of media, including television, radio, and newspapers. The limits are based on the reach of the media services: a person may not hold licences for television services that together reach more than a certain percentage of the national audience.
Public Broadcasting
France operates a public broadcasting system that includes France Télévisions (television), Radio France (radio), and France Médias Monde (international broadcasting). The public broadcasting services are financed by the contribution à l’audiovisuel public (formerly the television licence fee), which is included in the tax on audiovisual services.
The public broadcasting services are subject to specific obligations under the Code de la communication audiovisuelle et numérique. They must: provide a diverse range of programming, including news, culture, education, and entertainment; ensure access for persons with disabilities; promote French and European audiovisual production; and respect the principles of political pluralism and editorial independence.
The public broadcasting system has been reformed several times. The Law of 5 March 2009 reformed the governance of France Télévisions, appointing a single president for all public television channels. The Law of 15 July 2024 reformed the financing of public broadcasting, replacing the contribution à l’audiovisuel public with a portion of the value-added tax (VAT).
Political Pluralism
French law requires that audiovisual media ensure political pluralism (pluralisme politique). The requirement is based on the constitutional principle of freedom of communication and the democratic need for citizens to be informed about different political viewpoints.
ARCOM monitors the time allocated to political parties and candidates during election periods. The authority ensures that the principle of equitable access to the media is respected. During election campaigns, ARCOM allocates airtime to candidates according to specific rules that ensure equal treatment.
The political pluralism rules were reformed by the Law of 27 December 2018, which introduced new requirements for the fairness of political discourse. The law requires that radio and television services ensure that the diversity of opinion is represented in their news and political programmes. The law also introduced new sanctions for the violation of political pluralism rules.
Digital Platform Regulation
ARCOM has assumed new responsibilities for the regulation of digital platforms. The authority oversees the compliance of social media platforms, video-sharing platforms, and search engines with French and EU law on the protection of minors, hate speech, and disinformation. The Loi contre les contenus haineux sur internet (Law against Hateful Content on the Internet) of 2020 strengthened ARCOM’s powers to combat illegal content online.
ARCOM also enforces the Code de la communication audiovisuelle et numérique on digital platforms. The platforms must comply with the rules on audiovisual commercial communication, the protection of minors, and the promotion of French and European audiovisual production. ARCOM may impose sanctions for violations, including fines.
Copyright Enforcement
ARCOM inherited the enforcement functions of Hadopi, the former authority for the protection of copyright on the internet. Hadopi was established by the Loi Création et Internet (Law on Creation and the Internet) of 2009, which introduced the graduated response system for combating online copyright infringement.
The graduated response system involved: sending warning emails to subscribers whose internet connections were used for copyright infringement; sending registered letters with further warnings; and, ultimately, referring the matter to the criminal courts for prosecution. The system was controversial and was modified by subsequent legislation. The enforcement of copyright online has now been integrated into ARCOM’s broader responsibilities.
Sanctions
ARCOM has extensive powers to sanction broadcasters and digital platforms for violations of the Code de la communication audiovisuelle et numérique. The sanctions include: warnings; fines; the suspension of the licence; and the withdrawal of the licence. ARCOM may also impose sanctions for the violation of political pluralism rules, including the suspension of the programme or the reduction of the licence term.
The sanctions are imposed by ARCOM’s college after a formal procedure. The broadcaster or platform has the right to be heard and may challenge the sanction before the Conseil d’État. ARCOM’s sanctions are published and contribute to the transparency of the regulatory system.
EU and International Context
French broadcasting regulation operates within the framework of EU law, including the Audiovisual Media Services Directive (2010/13/EU, as amended by 2018/1808). The Directive establishes the principles for the regulation of audiovisual media services across the EU, including the country of origin principle, the rules on audiovisual commercial communication, and the protection of minors.
France has actively participated in the development of EU audiovisual policy and has often advocated for stronger regulation of digital platforms and the protection of cultural diversity. The French approach to broadcasting regulation, with its emphasis on cultural diversity, media pluralism, and public service broadcasting, has influenced the development of EU audiovisual policy.