French TV stations C8 and NRJ12 will cease broadcasting on 28 February after the Council of State, France's top court, rejected their appeals against the removal of their frequencies.
Arcom, France's audiovisual regulator, excluded both channels in July from the shortlist of selected candidates for the reallocation of digital terrestrial television frequencies which expire at the end of the month. Arcom confirmed its decision on 12 December.
Arcom pulled up C8 for a lack of editorial control over its programming following a series of incidents on the Touche pas à mon poste show of star presenter Cyril Hanouna that have led to fines of 7.5 million euros.
NRJ12 was upbraided for having too many repeats and too few original programmes.
Canal+ Group, which owns C8, along with NRJ12 – the TV arm of the NRJ Group – launched an appeal against Arcom's decision.
Decision
"The regulator was legally justified in considering the repeated violations by C8, particularly regarding respect for individual rights, the protection of minors, and control over its programming," ruled the Council of State in a 16-page document.
"Arcom did not act unlawfully in excluding C8 and NRJ12 in favour of other candidates, based on its assessment of each application and comparison of their respective merits," the panel added.
Hanouna, 59, hit out at the decision. "It was rigged from the start," he said. "It’s all scheming and manipulation."
The Canal+ Group branded the Council of State's move as incomprehensible. The group, which is owned by French tycoon Vincent Bolloré, said it would endanger the jobs of 400 people.
NRJ12 called the ruling a deep injustice. "NRJ Group and NRJ12 remain fully mobilised to have the irregularity of the decisions taken against them declared at European level and to obtain compensation for the significant damage caused to them," said a statement.
The impending shutdown of C8 has drawn criticism from right-wing and far-right politicians.
National Rally boss Marine Le Pen said: "The decision is a terrible regression and a troubling move that validates the ayatollahs of single-minded thought."
Interior Minister Bruno Retailleau said on social media: "C8 had found its audience. Its disappearance from the audiovisual landscape deprives it of a platform for expression."
Appearing on C8’s set, Éric Ciotti, founder of the Union of the Right for the Republic, denounced the move as a purely political decision.
Possibility
C8 and NRJ12 will be replaced by two new channels: T18, launched by the CMI France group of the Czech billionaire Daniel Kretinsky and OFTV, backed by the Ouest-France group.
The Council of State left a small opening for a reprieve. It asked Arcom to consider a new call for applications for four vacant frequencies starting in June.
In theory, this could allow C8 and NRJ12 to reapply.
(With newswires)
