Deliberation no. 2018-11 of April 18, 2018 on the honesty and independence of news and the programs that contribute to it.

The French Superior Audiovisual Council,

Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication;

Having regard to Law no. 2016-1524 of November 14, 2016 aimed at strengthening the freedom, independence and plurality of the media;

After deliberation,

Decides:

Law no. 2016-1524 of November 14, 2016 aimed at strengthening the freedom, independence and plurality of the media entrusted the French Superior Audiovisual Council with the mission of guaranteeing the honesty, independence and plurality of news and the programs that contribute to it, subject to article¹ of law no. 86-1067 of September 30, 1986 as amended relating to freedom of communication. This law also makes provision for the Conseil to ensure that the economic interests of shareholders in audiovisuel service editors and their advertisers do not undermine these principles. It is the implementation of these missions that is the subject of the present deliberation.

This resolution applies to all audiovisual communication services. News and related programs, as defined by the aforementioned law, may include commentary on current events in programs other than political and general news programs.

In order to guarantee the objectives set by the law, audiovisuel communication service editors must abide by the provisions set out below.

Article 1

The publisher of an audiovisual communication service must ensure the honesty of the information and programs that contribute to it.

They must avoid any confusion between information and entertainment.

The publisher shall summon journalists to produce political and general news programmes. However, this provision does not apply to television services declared under II of article 33-1 of law no. 86-1067 of September 30, 1986, as amended, relating to freedom of communication, nor to radio services other than national general-interest (category E radios) or national thematic (category D radios) which offer an editorial project at least partly focused on political and general news, and which make provision in their agreement with the French Superior Audiovisual Council for at least fifteen hours a week of news (flashes, newspapers and magazines) scheduled mainly in continuous news segments.

The publisher guarantees the accuracy and source of each news item. Wherever possible, the source should be indicated. Uncertain information is presented in the conditional tense.

The editor demonstrates rigor in the presentation and processing of information.

Ensures that controversial issues are presented fairly, in particular by ensuring that journalists, female presenters, hosts and on-air contributors are able to express different points of view.

Article 2

The editor of an audiovisuel communication service shall ensure that the context in which images, words or sounds have been collected is appropriate to the subject they are intended to illustrate. Any use of archive material is announced by an on-screen insert or, in the case of radio services, by an on-air mention, which may be repeated. If necessary, the origin of the archive material is mentioned.

Images, words or sounds reproduced for the purpose of reconstructing or scripting real or supposed events must be presented as such to the public.

In news programmes, the publisher is forbidden to use processes that modify the meaning or content of images, words or sounds. In news programmes, with the exception of caricature or pastiche clearly presented as such to the public, when such processes are used, they must not distort the original meaning or content of the images, words or sounds collected, nor mislead the public.

The use of processes enabling images, words or sounds to be collected without the knowledge of the persons filmed or recorded must be limited to the needs of informing the public. It must be restricted to cases where it enables information to be obtained that would otherwise be difficult to obtain. The public must be informed. It must not be possible to identify people or places, except in exceptional circumstances or if the consent of the persons concerned has been obtained before the sequence is diffused.

The use of "micro-trottoir" procedures or public voting, which cannot be qualified as polling, must not be presented as representative of general opinion or of a particular group, nor mislead the public as to the competence or authority of the persons solicited.

Article 3

With due respect for the right to information, the diffusion of news programmes, images, statements or documents relating to judicial proceedings or to facts likely to give rise to judicial information requires that particular attention be paid to respect for privacy and the presumption of innocence, as well as the anonymity of delinquent minors within the meaning of the Ordinance of February 2, 1945 or victims or minors in serious difficulty under the conditions laid down in article 39 bis of the Law of July 29, 1881, without prejudice to the schemes set out in the deliberation of April 17, 2007 relating to the involvement of minors in television programmes shown in mainland France and overseas France.

The editor of an audiovisuel communication service shall ensure that, in the presentation of a judicial act or decision, it is not commented on in such a way as to publicly discredit the authority or independence of the judiciary. These provisions do not apply to technical comments or to acts, words, writings or images of any kind seeking the reversal, quashing or revision of a decision.

When an ongoing judicial procedure is discussed on air, the editor must ensure that: - the case is treated with moderation, rigor and honesty; - the treatment of the case does not constitute a blatant hindrance to the proceedings; - the different sides of the case are presented, in particular by ensuring that the parties involved or their representatives are given the opportunity to make their point of view known.

Article 4

The service editor of an audiovisuel communication service shall ensure that news programmes are produced under conditions which guarantee the independence of information, particularly with regard to the economic interests of its shareholders and advertisers.

At the request of the French Superior Audiovisual Council, the publisher shall specify the measures it is implementing to this end.

When the publisher presents on-air, outside of advertising, activities developed by an artificial person with which it has direct or indirect capital ties, it ensures, in particular by moderating the tone and measuring the importance given to the subject, that this presentation is strictly informative. When doing so, it informs the public of the nature of these links.

Article 5

In view of the particular importance attached to their format, the agreements governing all-news television services shown on terrestrial channels set out, in application of article 28 of the law of September 30, 1986, the specific stipulations for each of them aimed at preserving the independence of information from the interests of shareholders.

Article 6

The provisions of the present resolution apply without prejudice to specific stipulations contained in television and radio service agreements.

The present resolution will be published in the Official Journal of the French Republic.

Paris, April 18, 2018.

For the French Superior Audiovisual Council :
Le président,
N. Curien