An important step for Reporters Without Borders (RSF). The organization has not yet won the showdown between it and the Audiovisual and Digital Communication Regulatory Authority (Arcom) concerning the CNews channel, but it obtained strong support on Friday January 19 . That day, the public rapporteur, Florian Roussel, presented his conclusions before the Council of State… and validated part of RSF’s request, in particular that linked to the question of pluralism.
As early as November 2021, the NGO defending press freedom asked the authority – which was then called the Superior Audiovisual Council (CSA, which became Arcom in January 2022) – to put CNews on notice so that it respects its legal obligations relating to honesty, independence and pluralism of information. The NGO judged that the Canal+ group channel (owned by billionaire Vincent Bolloré) was no longer a news channel and that it had transformed into an opinion channel.
After unsuccessful discussions in April 2022, RSF appealed to the Council of State “to contest Arcom’s refusal to act against CNews’ breaches of its obligations”. Christophe Deloire, the secretary general of RSF, then estimated that, “on the basis of existing law”the regulatory authority could act further, requesting that the body “is up to his role”.
“Arcom has until now chosen an approach that can be described as restrictive in its interpretation of the texts and, consequently, tends not to make use of its prerogatives”analyzes Thibaut Bruttin, deputy director general of Reporters Without Borders.
A delicate challenge
The independent member of the Council of State partly agreed with him on Friday. Florian Roussel considered that Arcom had erred in its restrictive interpretation of pluralism by limiting it only to politicians with elected mandates and known affiliations. Still according to Mr. Roussel, the regulatory authority should also have taken into account the points of view expressed by the guests and editorialists of the Canal+ group channel.
While the Council of State must deliver its deliberations in writing at the beginning of February, the opinion of the public rapporteur is particularly important. It is indeed quite rare for this to be contradicted. If the Council of State followed it, the decision would set a precedent and Arcom would have to establish a new mode of control which could enforce pluralism within each channel. A delicate challenge which will be scrutinized from all sides, in the run-up to the European elections in June, but which “does not justify the regulator’s refusal to treat it”declared Mr. Roussel during the hearing.
You have 25% of this article left to read. The rest is reserved for subscribers.