French TV channel faces scrutiny over allegations of peddling opinion, not news

France’s highest administrative court has ordered the country's media regulator to look into editorial balance and independence at CNews – dubbed by critics the French Fox News.

In December last year CNews became the most popular French TV station. AFP - LIONEL BONAVENTURE

Hailed as a victory by non-profit Reporters Without Borders, which filed the complaint, critics claim it's an attack on freedom of speech.

In a statement issued on Tuesday, the Council of State gave media regulator Arcom six months to examine whether CNews is complying with its obligations to ensure "balanced and independent" journalism.

Tuesday's ruling expands what is currently considered editorial content for regulatory purposes, which will now include contributions from pundits as well politicians.

It is a victory for the press freedom NGO Reporters Without Borders (RSF), which has accused CNews of becoming "opinion media". 

In April 2022 RSF appealed to the council arguing Arcom had repeatedly refused to remind CNews of its duty to to ensure "honesty, independence and pluralism of information".

Last year, Arcom's president, Roch-Olivier Maistre, said that CNews "strictly respected political pluralism" overall, but that it was "becoming an opinion channel" on the lines of conservative Fox News in the US.

Pluralism across the board

CNews belongs to the Canal+ group owned by billionaire industrialist Vincent Bolloré. 

It recently became France’s most popular news channel with its mix of heated debate and political commentary on subjects like immigration, security, religion and crime. 

Under French media regulations laid down in a 1986 law, all channels, whether public or private, must give equal airtime to people from different political parties during electoral periods.

But the court went further, ruling that the regulator had to take into account "all of those participating in broadcasts, including commentators, presenters and guests, and not only the time allotted to politicians".

It also said that the regulator should assess news independence "in terms of the channel's operating conditions and programming characteristics".

All French media will have to comply with these broader rules.

Freedom of speech

Christophe Deloire, RSF’s secretary general, hailed an "historic decision… for democracy and journalism".

He wrote on X: "Our aim in fighting for the pluralism and independence of information is simply to defend democracy. It’s not about such and such an editorial line, but the ability of citizens to get access to a range of opinions and facts. It’s a matter of urgency."

However, a number of commentators on CNews say that, on the contrary, the court's decision threatens freedom of speech.

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Speaking on CNews on Wednesday morning, journalist Franz-Olivier Giesbert described the court's decision as "very serious, unbelievable", saying France was "heading, bit by bit, towards a government of judges".

Eugenié Bastié, a regular contributor to CNews, questioned how the tighter controls would be applied.

"Will commentators have to declare who they vote for?" she wrote on X.

Meanwhile Eric Ciotti, head of the conservative Republicans party, spoke of an "inquisition" into the opinions of commentators and journalists. 

Mouthpiece for the far-right

Freedom of speech is "absolutely not threatened", responded the Socialists' Olivier Faure on Wednesday.

"Respecting pluralism of opinion does not mean banning anything... it's the absence of pluralism that infringes on freedom," the party chief said, describing CNews as a "far-right" media that "supports Marine Le Pen".

"The least CNews can do is to come clean on that ... to allow viewers to understand it's not mainstream media."

In 2021, Arcom fined CNews €200,000 for broadcasting comments by far-right pundit Eric Zemmour, which it deemed hate speech.

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Zemmour, who founded the far-right anti-immigration Reconquest party to run as a candidate in the 2022 presidential election, has been convicted for racial and religious hate speech. He continues to be a regular contributor to the channel.

Sovereignist politician Philippe de Villiers, a member of Reconquest, also hosts a programme on the channel. According to Les Jours website, CNews failed to mention de Villiers' airtime in its declaration to Arcom.

CNews' star presenter Pascal Praud dismissed criticism of the channel.

"The sucess of CNews irritates and upsets the right-minded, whose voice has dominated French media for years", but "CNews will not give in to intimidation", he insisted.