Council notice of February 12, 2013 to radio and television services for the consultation of Alsace voters on April 7, 2013
Recommendation no. 2013-01 of February 12, 2013 from the French Superior Audiovisual Council to radio and television services in view of the consultation of voters in Alsace on April 7, 2013.
The French Superior Audiovisual Council,
Having regard to the French Electoral Code, in particular Book I;
Having regard to the General Local Authorities Code, in particular articles LO 1112-3 to 1112-14 and L. 4124-1 ;
Having regard to law no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles 1, 13, 14 and 16;
Having regard to law no. 77-808 of July 19, 1977, as amended, relating to the publication and diffusion of certain opinion polls, in particular article 11;
Having regard to the order of February 5, 2013 setting the date of the ballot relating to the consultation of voters concerning the proposed merger of the Alsace region, the Haut-Rhin department and the Bas-Rhin department;
After deliberation,
Adopts the following notice applicable to all radio and television services shown in Alsace:
This notice applies from February 25, 2013.
It does not apply to television and radio services devoted specifically to the propaganda of political parties and groupings accessible exclusively via the Internet.
1. Treatment of news
1.1. News related to the consultation
1° Television and radio services ensure that political parties and groupings have fair presentation and access to the airwaves. When they report on the plurality of positions within political parties and groupings, they also ensure that they do so under fair conditions.
2° Television and radio services shall ensure plurality of opinion as regards on-air access by persons not belonging to political parties and groupings.
3° In accordance with the case law of the Conseil d'Etat, any interventions by the President of the Republic which, by virtue of their content and context, fall within the scope of the political debate linked to the consultation of voters in Alsace, in particular those involving the expression of support for a political party or grouping, are the subject of a separate statement. Publishers take this into account, ensuring that other political parties or groupings have fair access to the airwaves in return.
4° The reports, comments and presentations to which the consultation gives rise must be presented by the editors with a constant concern for moderation and honesty.
5° Television and radio services must ensure that the choice of extracts from the statements and writings of representatives of political parties and groupings and of persons not belonging to political parties and groupings, as well as the comments to which they may give rise, do not distort their general meaning.
6° Television and radio services must systematically indicate the origin of images when they do not come from the provider of radio itself.
7° Television and radio services shall ensure that the use of audiovisual archives containing images of 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 consultation
With regard to news coverage not related to the consultation, television and radio services continue to apply Conseil Supérieur de l'Audiovisuel deliberation no. 2009-60 of July 21, 2009 on the principle of political pluralism, which makes provision for plurality in the treatment of local or regional political affairs in local or regional diffusion programs, taking into account local or regional balances.
2. Speeches
2.1. Reporting by television and radio services
The national program companies France Télévisions, for the France 3 Alsace service, and Radio France, for the France Bleu Alsace service, as well as the company A.Télé, which publishes the private local television service Alsace 20, transmit to the French Superior Audiovisual Council statements of speaking time for political parties and groupings under the following conditions:
| Periods for recording speaking times | From February 25 to March 8 |
February 25 to March 22 | February 25 to March 29 | February 25 to April 6 |
| Transmission date for each period | March 11th | March 25 | April 2nd | April 8th |
Other radio and television services provide the French Superior Audiovisual Council, at its request and for the period it specifies, with all information relating to the speaking times of political parties and groupings.
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 any submissions of a case before the court.
Radio and television services shall keep at the disposal of the Conseil Supérieur de l'Audiovisuel, for a period expiring four weeks after the end of the period of application of the present notice, recordings of the programmes shown during that period.
3. Program accessibility for the deaf and hard-of-hearing
France Télévisions, for the France 3 Alsace service, will ensure that deaf or hard-of-hearing people have access (via adapted subtitling or sign language) to the main programs devoted to consultation news, shown at peak times.
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 references to the challenges of the consultation are likely to be considered as such.
Radio services and 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 consultation or whose title or content are linked to the challenges of this consultation.
4.2. Electoral propaganda
In accordance with the second paragraph of article L. 49 of the French Electoral Code, from midnight on the eve of the ballot, 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. 52-2 of the French Electoral Code, no partial or definitive results of the vote may be communicated to the public by any means of electronic public communication before the last polling station has shut down.
Radio and television services shall refrain from diffusing any information likely to give an indication of the outcome of the ballot before the closing of the last polling station.
4.3. Polls
In accordance with article 11 of the amended law of July 19, 1977 relating to 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 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.
This notice will be published in the Official Journal of the French Republic.
Paris, February 12, 2013.
For the French Superior Audiovisual Council :
Le président,
O. Schrameck