French Superior Audiovisual Council notice for the cantonal and regional elections of March 21 and 28, 2004

Having regard to the electoral code and in particular articles L.49 paragraph 2, L.52-1 and L.52-2 ;
Having regard to law no. 86-1067 of September 30, 1986, as amended, relating to freedom of communication, in particular articles 1, 13, 14, 16 and 28;
Having regard to law no. 77-808 of July 19, 1977, as amended, and in particular article 11;
After deliberation,
the French Superior Audiovisual Council issues the following notice to all television and radio services, effective January 15, 2004.

I - News coverage

1°) Election-related news

a) When dealing with a given electoral district (canton for cantonal elections - region for regional elections), television and radio services ensure that candidates for cantonal elections or lists of candidates for regional elections, as well as the personalities supporting them, benefit from equitable presentation and access to the airwaves, by reporting on all candidacies or all lists of candidates.

b) When the coverage of these elections goes beyond the scope of a constituency, television and radio services ensure that the various political forces presenting candidates (cantonal elections) or lists of candidates (regional elections) are presented and have access to the airwaves on an equitable basis.

c) The reports, comments and presentations to which these elections give 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, list representatives or political parties, 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, the Council considers it appropriate to 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 elections

With regard to national or international news, television and radio services continue to ensure a balance between the time devoted to members of the government, to personalities belonging to the parliamentary majority and to personalities belonging to the parliamentary opposition, under comparable programming conditions. In addition, television and radio services continue to ensure that personalities belonging to political groups not represented in Parliament are given a fair amount of airtime.

In their local programs, the television and radio services concerned ensure coverage of local or regional news, taking account of local or regional political balance. These balances are assessed in the light 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 from the opening of the official campaign until March 21 or 28, 2004 inclusive, in the event of their presence in the second round of voting.

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

RFO (for its television programs), France 3 and Métropole Télévision (M6) (for their regional or local programs), private local television stations, and the LCI, I télévision and Euronews service editors, send the Conseil statements of speaking times for political figures on their channels every two weeks from January 15 to February 29, 2004, and every week thereafter from March 1, 2004. Other television services distributed by cable or shown by satellite provide the Council, at its request, with all information relating to the speaking times of political figures.
RFO (for its radio programs), the providers of radio services Radio France, Europe 1, RTL, BFM, RMC info and Radio Classique provide the Conseil with statements of the speaking times of political figures every two weeks from January 15 to February 29, 2004, and every week thereafter from March 1, 2004. Other radio services provide the Conseil, on request, with details of the speaking times of political figures on their airwaves.

4°) Retention of tapes

France 3, RFO, Métropole Télévision (M6), for their regional or local programs, local private television stations and television services distributed by cable or satellite keep at the disposal of the Council the visual tapes of programs concerning the electoral campaign.
Radio services shall keep available for the Council the soundtracks of broadcasts concerning the election campaign.

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.
With regard to press advertising, television and radio services may not show advertising messages likely to distort the sincerity of voting. Such messages may include verbal or visual references to candidates or lists of candidates, to the electoral competition, or to the possible consequences of the vote at local, regional or national level.
Radio services, as well as television services distributed exclusively by cable or broadcast by satellite, do not show advertisements for books written by or about a political figure, whatever the title or content. They do not show advertisements for books whose title or content is related to the elections.

2°) Electoral propaganda

In accordance with the second paragraph of article L.49, paragraph 2, of the Electoral Code, as of 0.00 a.m. on the eve of the election, 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 definitive, may be communicated to the public by any means of audiovisual communication before the shutdown of the last polling station in mainland France.

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 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 ballot 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.

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