April 6, 2004 notice for the May 9, 2004 elections to Congress and the provincial assemblies of New Caledonia.

French Superior Audiovisual Council notice no. 2004-2 of April 6, 2004 to Réseau France Outre-mer (RFO) and audiovisual communication services authorized in New Caledonia for the election of members of the Congress and provincial assemblies of New Caledonia.

Having regard to the electoral code ;
Having regard to Act no. 82-652-1067 of July 29, 1982, as amended, on audiovisual communication;
Having regard to Act no. 86-1067 of September 30, 1986 as amended relating to freedom of communication, and in particular articles 1, 13, 14, 16 and 28;
Having regard to organic law no. 99-209 of March 19, 1999, as amended, relating to New Caledonia;
Having regard to Act no. 99-210 of March 19, 1999, as amended, relating to New Caledonia;
Having regard to Act no. 77-808 of July 19, 1977, as amended, relating to the publication and diffusion of certain opinion polls, and in particular article 11 thereof;

After deliberation,
the French Superior Audiovisual Council hereby issues the following notice to all television and radio broadcasters in New Caledonia, applicable from Thursday April 8, 2004 to May 9, 2004 inclusive.

I - News coverage

1°) Election-related news

a) When dealing with a given province, television and radio services ensure that the lists of candidates, as well as the personalities supporting them, benefit from equitable presentation and access to the airwaves, by reporting on all lists of candidates.
b) Where the coverage of these elections extends beyond the boundaries of a province, television and radio services shall ensure that the various political forces presenting lists of candidates are given fair presentation and access to the airwaves.
c) The reports, comments and presentations to which this election gives rise must be presented by the editorial staff with a constant concern for balance and honesty. Editors must ensure that the choice of extracts from the statements and writings of candidates, representatives of lists or political groupings taking part in the election, as well as the comments to which they may give rise, do not distort the general meaning.
d) Television and radio services shall ensure that the principle of equity is respected in their policy of inviting special news programmes or magazines.
e) In other programs, television and radio services shall avoid election-related interventions which could not be balanced during the period of application of the present notice under the same programming conditions.

2°) News not related to the election

Television and radio services provide local news coverage, taking into account local political balance. These balances are assessed on the basis of votes cast in previous elections.

II - Other schemes

1°) Candidate television and radio staff

Until the start of the official campaign, employees of candidate television and radio services must ensure that any on-air interventions they make do not undermine the equality of candidates with regard to means of propaganda, and therefore the fairness of the ballot.
These same employees shall refrain from speaking on the air in the exercise of their duties with effect from April 26, the opening date of the official campaign, until May 9, 2004 inclusive.

2°) Use of audiovisual archives containing images or statements by public figures

Television and radio services must ensure that the use of audiovisual archives containing images or statements by public figures :
- does not give rise to editing or use likely to distort the original meaning of the document;
- are systematically accompanied by their source and date.

3°) Transmission of statements

Each week, RFO will send the Conseil statements of speaking time by political figures relating to the consultation. Local radio stations programming news programmes must be able to provide the Conseil, on request, with all information relating to the speaking times of political figures in connection with the election.

4°) Retention of tapes

RFO will keep visual or audio tapes of the various broadcasts concerning the election campaign at the Council's disposal.

III - Miscellaneous obligations

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.

2°) Electoral propaganda

In accordance with the second paragraph of article L.49, paragraph 2, of the French Electoral Code, as of 0.00 a.m. on the eve of the vote, it is forbidden to show or have shown by any means of audiovisuel communication 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 ballot, 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 ballot from the first day of the 6th month prior to the ballot.
In accordance with article L.52-2 of the French Electoral Code, no election results, partial or final, may be communicated to the public by any means of audiovisual communication before the last polling station has shut down.

3°) Polls and right of reply

In accordance with article 11 of the amended law of July 19, 1977 on the publication and broadcasting 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 day of the poll.
In accordance with article 6 of the amended law of July 29, 1982, radio and television services are obliged, where appropriate, to implement the right of reply.

4°) Jurisprudence of the election judge

Television and radio services must respect the principles set out in the jurisprudence of the election judge.
The diffusion of defamatory, insulting or misleading statements, or those that introduce new elements of electoral controversy, on a date or under conditions that make a response impossible or ineffective, is likely to distort the sincerity of the vote and lead to its annulment.
Massive and exclusive support for a list or a candidate, which could be analyzed as the provision of airtime for electoral propaganda purposes, could be likely to distort the sincerity of the ballot and lead to its cancellation.

This notice will be published in the Journal officiel de la République française and the Journal officiel de la Nouvelle-Calédonie.