France

[FR] Submission of the Lancelot Report on Media Concentration

IRIS 2006-2:1/17

Philie Marcangelo-Leos

Légipresse

On 13 January Professor Alain Lancelot submitted to the Prime Minister a report on the problems of concentration in the media drawn up by the committee that had been set up a few months earlier for that purpose. The report notes that the media scene has not reached an alarming degree of concentration, but it does propose a certain number of changes. Horizontal concentration does not appear to be any more intense than may be observed in the main European States. Nevertheless, although pluralism does not seem overall to be in a worse position than it was ten years ago, the committee draws attention to the local level, where the demands of pluralism raise specific problems as decentralisation spreads.

The possibilities for development and concentration in the audiovisual sector, and more particularly the activities of distribution of radio and television services, are still uncertain. In this context, the committee considers that the ad-hoc arrangement should be maintained and the arrangements that apply specifically to the media should be revised. One of the characteristic features of this sectoral arrangement is its complexity, and its heterogeneity needs to evolve with a view to improving its effectiveness as regards both vertical and horizontal concentration. It suffers from a lack of coherence as a result of the many amendments that have been made to it in the light of technological developments, and it now needs substantial reform. The criterion of actual audience share, all broadcasting or distribution methods taken together, could be used, for television, instead of limiting the number of authorisations and the thresholds for holding capital (the proposed ceiling is 37.5% of the real total audience for all the national services of private and public television, all methods of distribution taken together). Regarding pluri-media concentration, the committee suggests replacing the "2 out of 3" rule by a "three thirds/two thirds/one third" rule that seems to be just as complicated in its operation. These changes should also lead to a reorganisation of the areas of competence of the various authorities involved in these matters (competition authority, audiovisual regulatory authority, regulatory authority for electronic communications and the postal system, etc). On completion of a wide-ranging consultation procedure being carried out by the Ministry of Culture and directed at reconciling the defence of pluralism and the need to constitute powerful pluri-media undertakings, that will not be completed until the end of April, the Government will give its opinion on the proposals contained in the report, most likely with a view to introducing new measures as part of the reform of the Act of 30 September 1986 that the Head of State has announced for September.