In France, there exists a type of administrative liability for violations of ethical rules on television and radio that can be punished by the Regulatory Authority for Audiovisual and Digital Communication (Arcom).
Arcom is a French independent administrative authority which aims to guarantee freedom of communication, to promote diversity and protect citizens from dangers of digital technology. It ensures that providers of audiovisual services (radio, TV, films) respect the pluralistic expression of thoughts and opinions.
To that end Arcom ensures that programs made available to the public do not contain:
- Incitement to hatred or violence based on prohibited grounds
- Public incitement to commit acts of terrorism
Arcom can impose sanctions to distributors of audiovisual programs and services (radio and TV) who have not complied with their obligations, for example those who have not respected their ethical rules (respect to private life, fight against discrimination, respect for human dignity, safeguarding public order etc.).
example Arcom can sanction a programme when the television host makes discriminatory comments, or when the audience makes such comments and the host fails to intervene, interrupt or moderate these comments.
Arcom can impose different types of sanctions depending on the seriousness of the breach committed:
- suspension of the publication or broadcasting of the service/program for one month or more
- financial penalty
- withdrawal of the authorisation to broadcast the program
example Arcom imposed a financial penalty to a TV program because one of its commentators made comments which incited hatred and violence towards foreigners, and nobody on the program or set reacted sufficiently to his comments. The Council of State upheld that sanction and explained that the TV channel was responsible for controlling what was being said on the program, especially because it was not broadcast live.
Read more about the Regulatory Authority for Audiovisual and Digital Communication.