CASE COMMENTS: REGULATIONS – AUDIOVISUAL – FRANCE – AUDIOVISUAL COUNCIL – PUBLIC SERVICE – UNDERMINING

Public service: The French Supreme Administrative Court considers that the withdrawal of the president’s mandate of a public broadcasting company pursuant to article 47-5 of the Law of 30 September 1986, which is not a sanction but a simple measure of regulation, can be based on elements likely to compromise its capacity to carry on its mission under conditions guaranteeing the good functioning of this company, the preservation of its independence and the implementation of the project taken into account at the time of its appointment (M. Gallet)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Article 47-4 of the Act of 30 September 1986 on freedom of communication stipulates that "the chairmen of France Télévisions, Radio France and the company in charge of broadcasting outside France are appointed for five years by the Conseil Supérieur de l'Audiovisuel, by a majority of its members. These appointments shall be the subject of a reasoned decision based on criteria of competence and experience". The legal framework and context The following article specifies that "the term of office of the chairmen of France Télévisions, Radio France and the company in charge of broadcasting outside France may be withdrawn from them, by a reasoned

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Emmanuel Guillaume, Michaël Perche, Public service: The French Supreme Administrative Court considers that the withdrawal of the president’s mandate of a public broadcasting company pursuant to article 47-5 of the Law of 30 September 1986, which is not a sanction but a simple measure of regulation, can be based on elements likely to compromise its capacity to carry on its mission under conditions guaranteeing the good functioning of this company, the preservation of its independence and the implementation of the project taken into account at the time of its appointment (M. Gallet), 14 December 2018, Concurrences N° 1-2019, Art. N° 89376, pp. 200-201

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