French Superior Audiovisual Council notice for the December 7, 2003 consultation of voters on the island of Saint-Martin (Guadeloupe)

The French Superior Audiovisual Council has issued the following notice to all television and radio services shown on the island of Saint-Martin (Guadeloupe), which applies from the date of its publication in the Journal officiel.

I - Treatment of news related to the consultation

1°) Television and radio services must ensure that political parties and groups have fair presentation and access to the airwaves.
2°) Television and radio services shall ensure plurality of opinion as regards on-air access by personalities not belonging to political parties or groupings.
3°) The reports, comments and presentations to which the consultation 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 statements and writings by representatives of political parties or groupings, and the comments to which they may give rise, do not distort the general meaning.
4°) Television and radio services shall ensure that the principle of fairness is respected in their policy of inviting special news programmes or magazines.
5°) In other programs, the Council considers that it is advisable to avoid interventions linked to consultation, which could not be balanced during the period of application of the present notice under the same programming conditions.

II - Treatment of news not related to consultation

Television and radio services provide local news coverage, taking into account local political balance.

III - Other schemes

1°) Transmission of statements and storage of tapes
a) Records
Each week, RFO transmits to the Conseil statements of speaking time by political figures relating to the consultation. Local television and radio stations programming news programmes must be able to provide the Conseil, at its request, with all information relating to the speaking times of political figures in connection with the consultation.
b) Retention of tapes
RFO shall keep available for the Council the visual or audio tapes of the various broadcasts concerning the consultation campaign.

2°) Use of audiovisual archives
Television and radio services must ensure that any 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.

IV - Miscellaneous obligations

In accordance with article 14 of the amended law of September 30, 1986, radio and television advertising of a political nature is prohibited.
In accordance with the second paragraph of article L.49 of the French Electoral Code, as of 0.00 a.m. on the eve of polling day, 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.52-2 of the French Electoral Code, no partial or definitive results of the election may be communicated to the public by any means of audiovisual communication before the shutdown of the last polling station on the island of Saint-Martin (Guadeloupe).
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 the day before and the day of the poll.

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