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14 February 2025

Council Of State Weighs Future Of C8 And NRJ12

Final decision on television frequencies could change the media industry dynamics.

C8 and NRJ12, two major players on French television, face potential closure as they challenge the recent non-renewal of their broadcast frequencies by the regulatory authority, ARCOM. The stakes are high as both channels await the Council of State's decision, projected for the week of February 17, 2025. This situation not only poses financial risks for the channels but also incites controversy surrounding their popular programs and leadership.

On February 14, 2025, before the Council of State, public rapporteur Florian Roussel requested the rejection of the appeals filed by C8 and NRJ12. This plea follows ARCOM's decision not to renew their frequencies, which is scheduled to expire on February 28, coinciding with the potential end of their broadcasts. "We conclude with the rejection of both appeals," Roussel stated during the hearing, solidifying the challenges faced by the channels.

Valérie Benaïm, a prominent figure on C8's flagship program, Touche Pas à Mon Poste (TPMP), expressed her disbelief at the situation. "They keep telling us it’s C8 they want to close, but it’s not C8; it’s TPMP with Cyril Hanouna at its helm," she claimed on the air, asserting the targeted nature of the decision against Hanouna, known for his controversial yet popular content.

The controversy stems from the regulatory decisions made by ARCOM, which did not renew C8 and NRJ12's licenses apparently due to persistent infractions. C8, owned by billionaire conservative Vincent Bolloré, has faced significant fines totaling 7.6 million euros, largely attributed to breaches during TPMP. These infractions included inflammatory remarks by Hanouna after the tragic murder of a young girl and the promotion of conspiracy theories involving drugs during broadcasts.

Over the years, public sentiment has reinforced Hanouna's position as both beloved and polarizing, dividing viewer opinions on the shows’ content. This dynamic is reflected within the Council of State, where key figures from C8 rallied to defend their network's future. Despite Hanouna's absence due to prior commitments, over ten employees, including other notable presenters, attended the session to show solidarity for the channel.

This appeal marks the last opportunity for C8 and NRJ12 before they are potentially forced off the airwaves. Arising from the decisions of regulatory groups, one important debate within the Council of State was whether ARCOM had the legal authority to deny renewal based on previous transgressions. The implied scrutiny raises questions about programming norms and the responsibilities of network investors to curate acceptable content.

Media analysts have long suggested the importance of variety and integrity within television programming. During the council proceedings, it was noted how C8's content has shifted away from its original format, with concerns raised over the quality of programming. Roussel underscored the need for independent reporting, referencing low viewer engagement and minimal original content—an argument highlighted through the significant presence of telemarketing on NRJ12.

The stakes are not merely financial; they involve the broader integrity of French television and the balance between market competition and regulatory oversight. The feeling within the industry remains tense as major players like CMI and OF continue to rise, with C8 potentially losing its visibility and market share.

Regardless of the outcome, the upcoming decision from the Council of State will likely impose fundamental changes upon C8 and NRJ12's operational capacities, shaping the future of televised content. With expectations leaning toward the acceptance of the rapporteur's recommendations, the industry waits with bated breath.

Certainly, the impact of this decision will reach beyond commercial interests, influencing public dialogue surrounding media responsibility and governance. Given the current media climate, how close will the Council of State come to reshaping the very fabric of televised entertainment and its regulatory framework?