December 23, 2004 notice for the February 13, 2005 by-election to the Assembly of French Polynesia

Recommendation no. 2004-9 of December 23, 2004 from the French Superior Audiovisual Council to the national program company Réseau France Outre-mer (RFO) and the authorized audiovisual communication services of French Polynesia for the election of representatives to the Assembly of French Polynesia (Windward Islands constituency) of February 13, 2005.

In view of the electoral code;
Having regard to organic law no. 2004-192 of February 27, 2004 on the autonomous status of French Polynesia;
Having regard to Law no. 86-1067 of September 30, 1986, as amended, on freedom of communication, and in particular articles 1, 13, 14, 16 and 28;
Having regard to the decree of December 14, 2004 convening the electorate for the election of representatives to the Assembly of French Polynesia (Windward Islands constituency);
Having regard to the opinion of the Government of French Polynesia dated December 22, 2004;
After deliberation,
the French Superior Audiovisual Council hereby issues the following notice to all television and radio services in French Polynesia, applicable from January 7, 2005 to February 13, 2005 inclusive.

I - Treatment of news

1°) Election-related news
a) When dealing with the constituency of the Windward Islands, television and radio services ensure that the lists of candidates for this constituency, as well as the personalities who support them, benefit from equitable presentation and access to the airwaves, by reporting on all the lists of candidates.
b) When this treatment goes beyond the Windward Islands constituency, television and radio services ensure that the various political forces benefit from equitable 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, 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 fairness 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 or regional political balance. These balances are assessed on the basis of votes cast in previous elections.

II - Other schemes

1°) Candidate television and radio staff
These employees will refrain from speaking on air in the performance of their duties from January 7, 2005 to February 13, 2005 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, the national program company Réseau France Outre-mer (RFO) and Tahiti Nui Télévision (TNTV) transmit to the Council statements of the speaking times of political figures relating to the election. Local radio stations programming news programmes must be able to provide the Council, at its request and within forty-eight hours, with all information relating to the speaking times of political figures in connection with the election.

4°) Retention of tapes

The national program company Réseau France Outre-mer (RFO) and Tahiti Nui Télévision (TNTV), as well as local radio stations programming news programmes, shall keep at the disposal of the Council the visual or audio tapes of the various programmes concerning the election campaign and polling day.

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 of the French Electoral Code, from 0.00 a.m. on the eve of elections, 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 relating to the publication and diffusion of certain opinion polls, the diffusion and commentary of any poll having a direct or indirect relationship with the consultation are prohibited by any means on the eve and the day of the vote.
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 in conditions that make a response impossible or ineffective, is likely to distort the sincerity of the ballot and lead to its annulment. In any event, such statements may, at any time during the election campaign, give rise to administrative or criminal legal sanctions, as well as to the implementation by the radio and television services concerned of a right of reply, in accordance with article 6 of the amended law of July 29, 1982.

Massive and exclusive support for a list or a candidate, which could be seen as the provision of airtime for electoral propaganda purposes, could be likely to distort the sincerity of the ballot and lead to its annulment. Such support could also be considered as a contribution in kind made to a candidate by an artificial person (prohibited by article L.52-8 of the French Electoral Code), which would result in the rejection of the candidate's campaign account.
This notice will be published in the Journal officiel de la République française and the Journal officiel de la Polynésie française.

Paris, December 23, 2004
For the French Superior Audiovisual Council,
Dominique BAUDIS
Dominique BAUDIS