Upheaval in the French audiovisual landscape. The Audiovisual and Digital Communication Regulatory Authority (Arcom), which grants television channels the right to broadcast on DTT (digital terrestrial television) frequencies, has decided not to accept the applications of the channels C8 and NRJ12 which wished to keep their frequency, in a decision published on Wednesday, July 24.
No fewer than 24 candidates competed for the 15 frequencies put back into play this year, and all the holders were renewed by Arcom – with the exception of these two channels. What motivated this decision? What are the next steps for C8 and NRJ12? Franceinfo takes stock.
1 Why did Arcom not accept the C8 and NRJ12 projects?
In its press release, the media regulator explains that it based its decision “on the criteria mentioned in articles 29, 30 and 30-1 of the law of September 30, 1986”, “by assessing in particular the interest of each project for the public with regard to the priority imperative of pluralism of socio-cultural currents of expression”Arcom did not specify what, for each channel, had led to the file being judged insufficient.
If so much attention is focused on C8, it is largely because the channel holds the record for the amount of sanctions imposed by Arcom, with more than 7.5 million euros in fines in recent years, making it “with CNews, the most sanctioned channel in the history of TNT”recalls Nathalie Sonnac, former member of the CSA, professor at the Panthéon-Assas University, and author of the book New world of media, a democratic emergency. “For example, Arcom sanctioned the channel’s failures to respect diversity and pluralism of opinions,” lists Nathalie Sonnac. “These sanctions must certainly have weighed in the regulator’s balance when it made its decision.”she says.
The channel’s management had tried to present a mechanism to broadcast the program “Touche pas à mon poste” on a delayed basis, which was the cause of most of the sanctions received by the channel, in order to cut any contentious sequence before its broadcast. The mechanism was clearly not enough to save the candidacy.
2 Is Arcom’s decision final?
C8 and NRJ12 have not yet officially lost all chance of keeping their DTT frequency. The list presented by Arcom is a “preselection” “as a preparatory measure”which still needs to be confirmed following further discussions to finalise each candidate’s plans. If these were to fail (due to financial or editorial disagreements, etc.), and if a candidate channel were to withdraw from the process, Arcom would have to choose another project to replace it from among those that had already responded to the call for applications.
Even in the event of an unfavourable final decision, a channel whose broadcasting licence is not renewed can still challenge the decision in court before the Council of State. For example, in 2016, the court annulled a decision by the CSA, the regulator at the time, which had withdrawn its broadcasting licence from the Numéro 23 channel. The regulator had accused the company operating the channel of having been guilty of fraud against the law.“Since Arcom’s decision is based on a reasoned opinion, the channels which decide to counter-attack will have to take into account specific legal elements,” adds the media economics researcher, who predicts a legal battle “bloody” in the next weeks.
3 Which channels could succeed C8 and NRJ12 on their TNT frequencies?
Arcom has chosen two new entrants already present in the media world. Among them, the “Réels TV” project is presented by CMI France, the group of Czech billionaire Daniel Kretinsky, owner of Marianne, She, Free-Shooter or Loopsider. The channel promises to “restore the original concept of public debate”relying on the “expertise” other CMI France media, summarizes the specialized site Pure médias. The project leaders promise 50% of documentaries mainly French and European, 25% of debates, notably in a daily news program from 7 p.m. to 9 p.m., and 25% of entertainment in cultural programs every evening.
Alongside it, “OFTV”, a project supported by the owners of the regional daily West France, “will tell the story of what the French are experiencing and will take a look that is both entertaining and rooted in reality, ‘from the commune to the world'”described the company’s board of directors in the daily newspaper. The chain’s roadmap consists of “five pillars”summarized by INA: a daily talk show called “Talk en vrai” “with people you don’t see on television”entertainment, information with a daily news program, fiction and potentially broadcasts of cycling competitions.
It is not yet known whether these two replacements will take the 8 and 12 frequencies of the TNT, which would be freed up by the departure of their former owner. “The numbering of services will be examined in the autumn before the issuance of authorisations”explains Arcom. But a big game of musical chairs is unlikely: “A logical number will be assigned to each authorized candidate”specifies the regulator.
4 What future for the C8 and NRJ12 channels?
Arcom’s decision is not a ban on broadcasting: C8 and NRJ12 will be able to continue to exist in different forms. “If they have the authorization of Arcom and they have signed an agreement with an access provider, they can be broadcast via internet boxes,” explains Nathalie Sonnac. An approach that should not pose a problem: the distribution of the channel on the boxes is “less restrictive than DTT distribution”explains the former member of the CSA. In this scenario, anyone with an internet and TV box could then continue to watch these two channels.
But their audiences and advertising revenues are likely to decline. After all, DTT channels “currently represent more than 90% of the total television audience”, Arcom itself recalls in its press release. “Only TNT manages to attract so many viewers,” completes the researcher.
5 How did the various channels concerned react?
On the side of the lucky ones, the director of the group’s audiovisual division West France reacted by sharing his “very great emotion”. “A big thank you to Arcom for its trust. We will be there for the territories and the inhabitants!“, he also wrote on his X account (ex-Twitter).
“We are extremely grateful to Arcom for selecting our project”commented Daniel Kretinsky in a statement. “CMI France is determined to promote, through its investments in the media, including audiovisual media, a pluralist and reasonable public debate and spirit, which support democracy.”
Among the losers, the general director of Canal+ France, Gérald-Brice Viret, considered on X that the decision of Arcom was akin to a form of “contempt for the public”. “First TNT channel, C8 is the only channel that speaks to all generations throughout France”the manager highlighted. The NRJ group, for its part, described the decision as“incomprehensible” And “is already studying possible appeals”ensuring that “the social, strategic and economic consequences of such a decision would lead NRJ Groupe (…) to carry out a strategic review of all its TV activities, the effects of which are not known today”, according to a press release.
6 What are the next steps ?
The rest of the process will take place in the fall. Arcom and the candidates will discuss to establish the content of the agreements that will allow them to broadcast. These agreements will contain a certain number of requirements that the channels will have to respect, “particularly in matters of pluralism (…) and in light of the commitments made by each candidate in their application file and during their public hearing”specifies Arcom.