April 18 and May 10, 2007 notices for the parliamentary elections of June 10 and 17, 2007
French Superior Audiovisual Council's notice of April 18, 2007 to all television and radio services for the legislative elections
The French Superior Audiovisual Council,
Having regard to the Electoral Code ;
Having regard to Law no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles 1, 13 and 16;
After deliberation;
Adopts the following notice applicable to all television and radio services:
This notice applies as of May 21, 2007. News coverage, whether election-related or not, is subject before that date to the principle of listing in 1-2 of this notice.
1- News coverage
1-1- Election-related news
1° When dealing with a specific electoral district, television and radio services ensure that candidates and their supporters have fair presentation and access to the airwaves. They shall report on all candidacies.
2° When the coverage of elections extends beyond a given electoral district, television and radio services ensure that parties and groups presenting candidates have fair presentation and access to the airwaves.
3° The reports, commentaries and presentations to which the elections give rise must be presented with a constant concern for moderation and honesty. Television and radio services must also ensure that the choice of extracts from the statements and writings of candidates and those of representatives of parties and groupings, as well as the comments to which they may give rise, do not distort their general meaning.
4° Interventions by persons other than those belonging to or supporting parties or groupings presenting candidates must comply with the principles mentioned in 3°. The invitation program of these persons must be balanced.
5° With regard to non-news programmes, the Council notices that election-related interventions should be avoided if the principles mentioned in 1° and 2° cannot be respected.
6° Television and radio services shall ensure that the use of audiovisual archives containing images or words by public figures :
- does not give rise to editing or use likely to distort the original meaning of the document;
- is systematically accompanied by an indication of its source and date.
1-2- News not related to elections
With regard to coverage of national and international news, television and radio services continue to ensure a balance between the time spent by members of the government, the parliamentary majority and the parliamentary opposition, and to provide them with comparable programming conditions.
In addition, broadcasters must ensure that personalities belonging to parliamentary groups that are neither in the majority nor in the opposition, and personalities belonging to political groups that are not represented in Parliament, are given an equitable amount of airtime.
In their local programs, the services concerned ensure coverage of local news, taking into account local political balances.
For news not related to elections, the Council recommends that candidates should not be invited to appear on the program, except in the case of compelling current events.
2- Speaking notes
2-1- Statements by representatives of political parties and groups and their supporters
2-1-1- Records drawn up by the French Superior Audiovisual Council
The French Superior Audiovisual Council draws up a tally of speaking time and airtime devoted to political parties and groupings and their supporters, as recorded on the following services:
- TF1 ;
- France 2 ;
- France 3 for its national program;
- Canal+ for its free-to-air programs;
- M6 for its national program.
2-1-2- Statements made by television service editors
The following television service editors provide the French Superior Audiovisual Council with weekly statements of the speaking times of political parties and groupings and their supporters on their airwaves:
- France 5 for its entire program ;
- Réseau France overseas France for its regional programs and for France Ô;
- France 3 for its regional and local programs;
- LCI ;
- I-Télé ;
- BFM TV.
The other television services provide the French Superior Audiovisual Council, at its request, with all information relating to the speaking time of representatives of political parties and groupings and their supporters.
2-1-3- Statements made by radio services
Each week, the following providers of radio services send the French Superior Audiovisual Council statements of the speaking times of political parties and groupings and their supporters on their airwaves:
- Réseau France overseas France ;
- Radio France (France Info, France Inter, France Culture, and local radio stations of France Bleu);
- Europe 1;
- RTL ;
- BFM ;
- RMC Info ;
- Radio Classique.
The other radio services provide the French Superior Audiovisual Council, at its request, with all information relating to the speaking times of political figures.
2-2- Transmission of other information
Radio and television services shall provide the French Superior Audiovisual Council, at its request, with all information required, in particular for the investigation of submissions of a case before the court.
The companies mentioned in 2-1-2 and 2-1-3 shall keep at the disposal of the French Superior Audiovisual Council the video or audio recordings of the broadcasts concerned for the period covered by the notice.
3- Miscellaneous provisions
3-1- Accessibility of programs for the deaf or hard of hearing
The companies mentioned in 2-1-1 shall ensure that the main election-related programmes shown during prime time are accessible to the deaf or hard-of-hearing (by subtitling or sign language).
3-2- Direct expression programs
Direct expression programming is suspended until June 17, 2007 inclusive for political parties and professional and trade union organizations.
3-3- Candidate television and radio staff
Until the opening date of the official election campaign, television and radio contributors who are candidates must ensure that any on-air or on-screen interventions they make do not have any impact that could undermine the equality of candidates with regard to propaganda means and the fairness of the ballot.
These same employees must refrain from appearing on air or expressing themselves on air in the performance of their duties from the opening of the official campaign on Monday May 21, 2007 until the day on which the election is won in the constituency in which they were candidates.
4- Reminder of legal obligations
4-1- Advertising
In accordance with article 14 of the amended law of September 30, 1986, radio and television advertising of a political nature is prohibited.
With regard to press advertising, television and radio services must ensure that they do not show advertising messages likely to distort the fairness of the vote. Advertising messages containing verbal or visual lists of candidates or election challenges are likely to be considered as such.
Radio services, as well as television services distributed by networks not using frequencies summonsed by the French Superior Audiovisual Council, shall ensure that they do not show advertisements for literary works whose author is directly concerned by the legislative election, or whose title or content are linked to the challenges of this election.
4-2- Electoral propaganda
In accordance with the second paragraph of article L.49 of the French Electoral Code, as of midnight on the eve of the election, it is forbidden to show or have shown by any means of communication to the public by electronic means any message having the character of electoral propaganda.
In accordance with article L.52-1 of the French Electoral Code, the use of any commercial advertising process by any means of audiovisual communication for electioneering purposes is prohibited for three months prior to the vote, and no campaign to promote the achievements or management of a local authority may be organized within the territory of the local authorities concerned by the vote from the first day of the sixth month prior to the vote.
In accordance with article L.52-2 of the French Electoral Code, no election results, partial or definitive, may be communicated to the public by any means of electronic public communication before the shutdown of the last polling station in mainland France. The same applies in overseas France before the last polling station in each of the departments concerned has shutdown.
Radio and television services broadcasting in mainland France shall refrain from broadcasting, before the shutdown of the last polling station in mainland France, not only the results for mainland France, but also those recorded in overseas France or in voting centers abroad.
Radio and television services shall refrain from showing any information likely to give an indication of the outcome of the vote before the last polling station closes.
Television services covering election day in mainland France are invited, no later than five minutes before the close of the last polling station, to show the time on screen to the nearest second.
4-3- Polls
In accordance with article 11 of the amended law of July 19, 1977 relating to the publication and diffusion of certain opinion polls, the diffusion and commentary of any poll directly or indirectly related to the consultation are prohibited by any means on the eve and the day of the vote.
4-4- Right of reply
In accordance with article 6 of the amended law of July 29, 1982 on audiovisual communication, radio and television services are obliged, where appropriate, to implement the right of reply.
4-5- Jurisprudence of the election judge
Television and radio services are required to respect the principles laid down in the case law of the election judge.
In particular, they must not show any defamatory, insulting or misleading remarks, or any remarks that introduce new elements of electoral controversy, on a date or under conditions that make a response impossible or ineffective.
This notice does not apply to television and radio services dedicated specifically to the election propaganda of candidates or the political parties and groupings that support them, and accessible exclusively via the Internet.
This notice will be published in the Official Journal of the French Republic.
Paris, April 18, 2007,
For the French Superior Audiovisual Council,
The Chairman
Michel BOYON
Recommendation of May 10, 2007 supplementing the notice of April 18, 2007 issued by the French Superior Audiovisual Council to all television and radio services for the legislative elections
The French Superior Audiovisual Council,
Having regard to the Electoral Code ;
Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular article 16;
Having regard to decree no. 2007-589 of April 24, 2007 convening the electoral colleges for the election of deputies to the French National Assembly;
Having regard to the French Superior Audiovisual Council's notice n° 2007 -3 of April 18, 2007 to all television and radio services in view of the legislative elections;
After deliberation;
Adopts the present notice:
In accordance with the provisions of the decree of April 24, 2007, the French Superior Audiovisual Council's notice n°2007-3 of April 18, 2007 to all television and radio services in view of the legislative elections applies:
- radio and television services in French Polynesia from midnight on Sunday, May 13, 2007;
- radio and television services in Guadeloupe, French Guiana, Martinique and Saint-Pierre-et-Miquelon from midnight on Sunday May 20, 2007.
This notice will be published in the Journal officiel de la République française.
Paris, May 10th 2007
For the French Superior Audiovisual Council,
Le Président,
Michel BOYON
Browse the pages of the Official Journal:
- Recommendation no. 2007-3
- Notice n° 2007-4