Decision on the conditions of production, programming and diffusion of the official audiovisual campaign for the election of the members of the Assembly of French Polynesia on April 16 and 30, 2023

French regulatory authority for audiovisual and digital communication ;
Having regard to Organic Law no. 2004-192 of February 27, 2004, as amended, on the autonomous status of French Polynesia;
Having regard to the Electoral Code, in particular article L. 414;
Having regard to Act no. 86-1067 of September 30, 1986 as amended relating to freedom of communication, in particular article 16;
Having regard to Decree no. 2022-1572 of December 15, 2022 convening the electorate for the renewal of the Assembly of French Polynesia;
Having regard to the opinion of the Government of French Polynesia issued on February 2, 2023;
After deliberation,

Decides :

Art. 1 - The French regulatory authority for audiovisual and digital communication will draw lots at its headquarters to determine the running order of election campaign broadcasts for each day of the campaign.
The result of the draw is published in the Journal officiel de la République française and the Journal officiel de la Polynésie française.

Art. 2 - The French regulatory authority for audiovisual and digital communication is represented in French Polynesia for the organization of the campaign by one of its agents. France Télévisions appoints a coordinator for the production and diffusion of election campaign programs.

Art. 3 - Lists whose candidacies have been duly registered are invited to inform the coordinator, by March 25, 2023 at the latest, of the name(s) of the person(s) they have mandated to carry out the various formalities provided for in the present decision on their behalf.
The coordinator will provide them with a file setting out the technical specifications for the production of the campaign broadcasts.

Art. 4 - Personnel involved in the production and diffusion of the shows are bound by strict confidentiality with regard to the operations mentioned in the present decision.

TITLE ^I
INTERVENTIONS

Art. 5 - Candidates on the lists may invite third parties to take part in their broadcasts, provided they are not employees of the Polynésie La 1ère radio or television service. The number of speakers may not exceed three.

Art. 6 - During broadcasts, speakers may express themselves freely.
They may not, however, in accordance with the laws in force :

• endanger public order or the safety of persons or property;
• make statements prohibited and punishable by law, or which offend human dignity or the honor and consideration of others;
• infringe secrets protected by law;
• advertising, as defined by the regulations on advertising and sponsorship;
• summon funds.

They may not :

• use the programs made available for purposes other than those for which access to the audiovisual campaign has been made provision for;
• use any means of expression having the effect of mocking other lists;
• appear in official, local or national buildings;
• use elements, places and buildings likely to constitute a commercial or advertising reference;
• use the national or European emblem;
• use the national anthem, the European anthem, the official anthem of overseas France or any other official national or territorial anthem of a foreign country;
• use visual or audio documents featuring personalities from French or Polynesian public life without the written consent of these personalities or their rights holders.

Art. 7 - Broadcasts must also comply with the following rules:
- in accordance with article L. 50-1 of the electoral code, no free telephone number may be made known to the public;

when musical or other works are used, it is the responsibility of the list concerned or its designated representative to ensure that all related rights are respected.

Art. 8 - If a list wishes to intervene in part in a local language (Tahitian, Marquesan, Paumotu and Mangarevian), it must inform the production manager designated by the coordinator no later than 6 p.m. on the day before the recording and send him, within the same time limit, the text of its intervention as well as the text of its translation into French.

Art. 9 - When a list does not use all the airtime allocated to it during an intervention, it may not have the remainder carried over to another of its interventions, nor may it transfer this remainder to another list.

Art. 10 - When a list refuses to use all or part of the broadcasting time allocated to it, the diffusion of the other lists' broadcasts is brought forward so that they immediately follow the previous broadcast or the opening credits of the election campaign broadcasts.

Art. 11 - A list may use all or part of the recording of a previous broadcast in a subsequent broadcast.

Art. 12 - Broadcasts are produced under the technical conditions defined in Title II of the present decision.

TITLE II
PRODUCTION

Art. 13 - France Télévisions is responsible for the production of election campaign broadcasts.

Art. 14 - Election campaign broadcasts are produced at the address shown in the technical file provided for in article 3.
In the event that, for reasons of force majeure or inclement weather preventing the use of air transport, candidates residing in constituencies other than that of the Windward Islands are unable to reach the premises mentioned in paragraph 1, the coordinator shall provide them with light recording means. These means and the places where they are made available are described in the file mentioned in article 3.

Preparation, recording and editing take place in accordance with the deadlines set out in article 19. Sequences are edited on the premises described in paragraph 1. At the end of editing, the program is returned electronically to the candidates who have spoken from a location other than that mentioned in paragraph 1, in order to sign the order to be shown, in accordance with article 28.

Art. 15 - The representative of the French regulatory authority for audiovisual and digital communication and the coordinator ensure that recording and editing are carried out in accordance with the provisions of the present decision.

Art. 16 - The times at which the lists record and edit their broadcasts are set by the coordinator. These times are established according to the diffusion order resulting from the drawing of lots and production constraints. They are binding on the lists concerned.

CHAPTER¹
Television broadcasts

Section I
General schemes

Art. 17 - Each program is produced by a director appointed by the French regulatory authority for audiovisual and digital communication.

Art. 18 - Each list may be assisted by persons who may neither substitute for the personnel responsible for producing the program, nor modify the technical conditions of recording and editing.
A maximum of three people have access to the recording studio and editing room. Their names are communicated by the list representatives to the coordinator no later than 6 p.m. the day before the recording.

Art. 19 - The time allotted to the preparation, recording and editing of the intervention is three hours and thirty minutes, for each program to be produced, with a minimum of one hour and thirty minutes for editing.

Art. 20 - Television programs are subtitled for the deaf or hard of hearing.
Details are given in the file mentioned in article 3.

Section II
Decor elements

Art. 21 - Recordings take place in a fixed set.
Each list may insert physical elements into the fixed set. These elements must be installed within the timeframe stipulated in article 19, be compatible with the means made available, and meet the conditions set out in articles 6 and 7.
Lists have the option of having their logos or emblems, or the address of their website, inlaid on the screen, in accordance with the technical procedures set out in the file provided for in article 3.

Section III

Use of video or sound documents

Art. 22 - Lists may produce, using their own means, video or sound documents for inclusion in their broadcasts. These documents must meet the conditions set out in articles 6 and 7.
Videographic or audio documents may represent 100% of the total broadcast time allocated to each candidate list.
Videographic or sound documents must comply with the technical specifications detailed in the file mentioned in article 3. They must be handed in no later than 3 p.m. the day before the recording.

Section IV
Provision of audio and visual equipment

Art. 23 - For each recording, lists are provided with a studio equipped with
a control room.

Art. 24 - Details of the equipment made available to the lists are given in the technical file provided for in article 3.

Art. 25. - The provision of sound and visual equipment excludes the use by lists of any other equipment.

CHAPTER 2
Radio broadcasts

Art. 26 - Radio broadcasts are made as of sound sequences from television broadcasts. These sequences are edited to avoid on-air silences.

CHAPTER 3
Common schemes

Art. 27 - In the event of a technical incident not attributable to the candidates, the durations stipulated in article 19 of the present decision are extended by a period equal to that of the incident.

Art. 28 - At the end of the editing of each broadcast, the representative of each list signs a "bon à diffuser". Failing this, the list is deemed to have renounced the diffusion of its contribution.

Art. 29 - The recordings of the broadcasts shown under the terms of the present decision are kept by France Télévisions for the duration of the election campaign and, at the end of the campaign, are deposited with the Institut national de l'audiovisuel.

Art. 30 - Television and radio broadcasts are preceded and followed by announcements. The time required for these announcements at the beginning and end of the broadcast is not deducted from the broadcast time allocated to the lists.

Before and after each broadcast, the name of the list and the first and last names of the speakers are indicated. During television and radio broadcasts, the first and last names of each speaker are made known to the public by appropriate means.

TITLE III
PROGRAMMING

Art. 31 - Election campaign broadcasts are scheduled from Monday April 3 to Friday April 7 and from Monday April 10 to Friday April 14, 2023. In the event of a second round, election campaign broadcasts are scheduled from Monday April 24 to Friday April 28, 2023.

Art. 32 - Election campaign broadcasts are scheduled :

• on radio Polynésie La 1ère, at approximately 1:15 p.m. ;
• on the television service Polynésie La 1ère, around 6 p.m.

Election campaign broadcasts may not be repeated by any other radio or television service.

Art. 33 - Election campaign broadcasts must be mentioned in pre-programmes and be the subject of trailers shown at favorable listening times.

Art. 34 - Election campaign broadcasts are made available to the public on the Polynésie La 1ère website. Broadcasts are made available on the same day, immediately after their first diffusion.

TITLE IV
DIFFUSION

Art. 35 - The transmission and technical diffusion of election campaign broadcasts are carried out by the company responsible for broadcasting Polynésie La 1ère's programs.
Art. 36 - In the event of a diffusion incident affecting some or all of the transmitter networks, the company responsible for diffusion shall immediately inform the coordinator. The French regulatory authority for audiovisual and digital communication may decide to rerun, in whole or in part, the campaign programs affected by the diffusion incident.

TITLE V
PUBLICATION

Art. 37 - The present decision will be published in the Journal officiel de la République française and the Journal officiel de la Polynésie française.

Paris, February 15, 2023.

For the French regulatory authority for audiovisual and digital communication,
The Chairman,
R.-O. MAISTRE