French presidential election – RSF’s ten proposals for journalistic freedom and independence

What with concentration of media ownership, conflicts of interest, information chaos, excessively powerful and opaque online platforms, abusive lawsuits, threats to the confidentiality of journalists’ sources and threat to journalists’ safety – journalists are facing many challenges in leading democracies including France, which is ranked 34th out of 180 countries in RSF's 2021 World Press Freedom Index.

To respond to these challenges, RSF is asking the presidential candidates to incorporate the following ten leading proposals into their election programmes – proposals that would make it possible to defend journalistic independence, media pluralism and the reliability of news and information.

“We are going to present our requests to the presidential candidates,” RSF secretary-general Christophe Deloire said. “RSF is proposing measures that respond concretely and sustainably to the ailments currently afflicting news and information. The issue of the right to information, a fundamental right of all French citizens, must transcend partisan considerations and be at the heart of the concerns of every candidates and the future president.”

To address technological developments, RSF is proposing innovative solutions designed to defend and protect the digital news and information arena, and measures to promote trustworthy news reporting. 

Other measures would complement and strengthen existing laws by, for example, outlawing influence trafficking in the news and information arena in order to better combat conflicts of interest, and by repealing the criminalisation of journalistic activities deemed to violate professional confidentiality or the confidentiality of a judicial investigation, in order to better protect the confidentiality of journalists’ sources.

RSF is also calling for the 1986 broadcasting law to be modernised and, more broadly, for a completely new law defending the right to information in the digital age.

Ten proposals for journalistic freedom and independence, and reliable news and information

1. Pass a new law safeguarding the right to information and protecting democracy in the digital age 

Inspired by the International Partnership for Information and Democracy, this law would make it possible for regulations governing communication and the news and information market to be adapted to the situation created by the new globalised digital arena. And, complementing European regulations, it would also define the legal responsibilities of the various digital actors, especially the leading platforms.

2. Require digital platforms to promote trustworthy news and information by such means as the Journalism Trust Initiative

The Journalism Trust Initiative (JTI) is an example of a market mechanism that would encourage independent and quality content by requiring platforms, advertisers, investors and regulators to create advantages for media outlets that can demonstrate that they are using journalistic methods and respecting ethical rules.

3. Pass new legislation safeguarding media independence and limiting vertical concentration of media ownership

France’s 1986 broadcasting law is obsolete. It does not take enough account of digital media and restricts only horizontal ownership concentration. The law’s criteria must be rethought, especially in the light of multimedia synergies. The law’s thresholds must be updated, in particular in order to include the weekly press and publishing. Incompatibilities must be envisaged.

4. Prohibit influence peddling in the news media

To prevent conflicts of interests and content corruption in the media, a new law is needed that would be based on existing legislation criminalising influence peddling by persons of authority in the state. It would penalise media owners and executives who abuse their influence over journalistic production to benefit their interests or the interests of others.

5. Reinforce protection for the confidentiality of journalists’ sources 

Legislation that criminalises certain journalistic activity on the grounds of violating professional confidentiality or the confidentiality of judicial investigations should be repealed. Violation of the confidentiality of journalists’ sources should be permitted only on an exceptional basis, when authorised by a judge and in order to prevent a specific list of offences.

6. Protect journalists covering demonstrations against violence

Ensure implementation of a new set of regulations for policing demonstrations, known by the French acronym SNMO, which recognises the rights of journalists covering demonstrations, establishes a rapid alert mechanism, and provides for proper training for the police. Violations by police must be the subject of systematic criminal and disciplinary sanctions, which should be made public.

7. Implement measures to deter “gag suits,” support such measures at the European level

Such lawsuits are used as weapons of deterrence to gag the media. To combat this misuse of legal procedure, RSF calls for procedural safeguards and preventive measures to block such improper lawsuits and for measures to penalise those who bring them and to compensate their victims.

8. Implement the New Deal for Journalism

With the Covid-19 pandemic undermining journalism even more, RSF calls for implementation of the plan proposed by the Forum on Information and Democracy for allocating up to 0.1% of GDP every year to safeguarding journalism’s social function. This New Deal presupposes the combined efforts of governments, regulators, industry, investors, donors, tech companies and civil society for a decade or more.

9. Create a system for protecting the democratic news and information arena against authoritarian regimes

Such a system would impose honesty, independence and pluralism requirements on all news and information broadcast within the European Union, including content transmitted by satellite and content provide by media based outside the EU, in order to prevent a two-tier market. A reciprocity mechanism based on universal principles would also be implemented in order to reduce asymmetries between open (democratic) arenas and closed (authoritarian and despotic) ones.

10. Make defence of press freedom and reliable news and information a major axis of French foreign policy

France has a role to play in promoting media freedom, independence and pluralism throughout the world, including by dedicating 1% of state development aid to supporting independent media outlets. Press freedom throughout the world should be a French foreign policy priority and France should support the creation of the position of Special Representative to the United Nations Secretary General for the safety of journalists.