In review: media law in France

All questions

Media

Media are, in particular, subject to certain content requirements and restrictions.

At least 60 per cent of the audio-visual works and films broadcast by licensed television broadcasters must have been produced in the EU, and 40 per cent must have been produced originally in French.¹¹¹

Private radio broadcasters must, in principle, dedicate at least 40 per cent of their musical programmes to French music.¹¹²

In addition, pursuant to Law No. 2014-873 of 4 August 2014 for genuine equality between women and men, audio-visual programmes have the duty to ensure fair representation of both women and men. Furthermore, audio-visual programmes and radio broadcasters must combat sexism by broadcasting specific programmes in this respect.¹¹³

Law No. 2018-1202 of 22 December 2018¹¹⁴ with regard to fake news suggests several measures to limit the impact of false information during the public election process. For instance, Article 11 of the Law provides that certain operators of online platforms – in the context of public elections – should implement measures to combat the broadcasting of false information likely to disturb public order or alter polls' reliability. Operators must implement easily accessible and visible systems that will allow users to report such false information, including when they are financed by third parties. The ARCOM is entrusted with powers aimed at controlling fake news, and its mission includes controlling the diffusion of false information likely to impact public order or the reliability of public elections.¹¹⁵ This mission adds on to the other traditional functions of the ARCOM, which include the general regulation of the audio-visual sector and protection of copyrights.

Decree No. 2020-984 dated 5 August 2020 relaxed certain rules regarding the broadcast of films, increasing the maximum number of hours allotted per year.

Advertising in television broadcasting is subject to strict regulations in France.¹¹⁶ In particular, advertising must not disrupt the integrity of a film or programme, with at least 20 minutes between two advertising slots. Films may not be interrupted by advertising lasting more than six minutes.

Rules governing advertisements are stricter on public channels. In particular, since 2009, advertising is banned on public service broadcasting channels from 8pm to 6am. This prohibition does not, however, concern general interest messages, generic advertising (for the consumption of fruits, dairy products, etc.) or sponsorships.

In addition, some products are prohibited from being advertised, such as alcoholic beverages above a certain level of alcohol or tobacco products.

Media owners are also subject to transparency requirements to protect advertisers of digital advertisement. According to Article 2 of the Decree No. 2017-159 dated 9 February 2017, media owners have to provide advertisers with the date and place of diffusion of advertisements, the global price of advertising campaigns and the unitary price charged for each advertising space.

Decree No. 2020-983 dated 5 August 2020 introduced a relaxation of certain rules regarding publicity by authorising segmented advertisements and advertisements for the film industry on television.

Advertising on on-demand platforms is now officially under the control of the ARCOM, which can prohibit the modification of content for advertising purposes or the display of a publicity banner without the consent of users of services provided on such platforms.¹¹⁷

The Copyright Directive 2019/790 came into force on 7 June 2019. The Directive is part of a wider strategy to reform the laws relating to digital marketing, e-commerce and telecommunications to bring the EU into the digital age and achieve greater harmonisation of the laws governing these areas.

France became the first Member State to transpose Article 15 of the Copyright Directive through the Law of 24 July 2019, creating a neighbouring right to the benefit of press publishers and news agencies for the online reproduction and representation of their publications by an online communications service provider.¹¹⁸ Under the new regime, online communications service providers must obtain an authorisation from publishers of online news services or news agencies before any reproduction or communication to the public of all or part of their press publications in a digital form.¹¹⁹

Press publishers and news agencies shall be granted compensation by online communications service providers using all or part of a press publication based on the exploitation revenues of any kind, direct or indirect, of the said communications service provider and, if not possible, on a flat-rate basis.¹²⁰ The Law specifies that such compensation shall take into account quantitative and qualitative elements such as 'human, material and financial investments made by publishers and news agencies', as well as 'the contribution of press publications to political and general information and the importance of the use of press publications by an online communication service to the public'.¹²¹

A second round of national transposition of the Copyright Directive 2019/790 has extended the obligations applicable to online content providers.¹²² Online content-sharing service providers¹²³ can now be held liable for content shared by their users without obtaining the authorisation of the author, and must exert best efforts to obtain the authorisation of the rights holders.¹²⁴ Similar to the rights granted to press publishers and news agencies, authors and performers must now receive appropriate and proportionate compensation for the use of their works on such online content-sharing services.¹²⁵

With the national implementation of the AMSD, on-demand audio-visual media services are now further regulated through national law. An Order dated 23 June 2021 specifies additional rules applicable to on-demand services.¹²⁶ New obligations imposed on on-demand video services now include, among others, the obligation to devote at least 20 per cent of their revenue generated in France to the financing of European or French works, of which a certain proportion must be reserved for European, French and independent works; the obligation to include in their offers at least 60 per cent of European works, of which at least 40 per cent must be of French origin; and obligations regarding advertising which were formerly only applicable to television media.¹²⁷