France

[FR] ARCOM sanction procedure clarified

IRIS 2022-7:1/11

Amélie Blocman

Légipresse

Article 42-7 of Act no. 86-1067 of 30 September 1986 describes the procedure that should be followed by the Autorité de régulation de la communication audiovisuelle et numérique (Regulatory Authority for Audiovisual and Digital Communication – ARCOM) when it opens sanction proceedings against audiovisual service providers, designed especially to guarantee respect for the rights of defence and the adversarial principle. It was amended by Act no. 2021-1382 of 25 October 2021 on the regulation and protection of access to cultural works in the digital age in order to allow the Conseil d'État rapporteur monitoring the sanction procedure to be assisted by one or more deputies so that cases can be dealt with more quickly. Article 42-7 was also amended in order to take into account the creation of ARCOM sub-committees specifically dedicated to sanction procedures related to providers’ failure to meet their obligations to invest in film production. Decree no. 2022-779 of 2 May 2022 amended Decree no. 2013-1196 of 19 December 2013 on the sanction procedure implemented by the Conseil supérieur de l'audiovisuel (Higher Audiovisual Council – CSA) in application of Article 42-7 to take into account the amendments introduced by the Act of 25 October 2021: changing the regulatory body’s name (the CSA became ARCOM on 1 January 2022), creating a sub-committee for formal notices, and laying down sanctions related to financial contributions to film production.