French Superior Audiovisual Council's notice of February 24, 2009 for the consultation of voters in Mayotte
French Superior Audiovisual Council,
Having regard to the Electoral Code ;
Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles 1, 13, 14, 16 and 28;
Having regard to Act 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 decree no. 2009-67 of January 20, 2009 deciding to browse the electorate of Mayotte in application of articles 72-4 and 73 of the Constitution;
After deliberation;
Adopts the following notice applicable to all television and radio services shown in Mayotte:
The present notice applies as of March 9, 2009.
It does not apply to television and radio services specifically dedicated to the propaganda of political parties and groupings exclusively accessible via the Internet.
1. News coverage
1-1. News related to consultation
1° Television and radio services ensure that political parties and groupings have fair presentation and access to airtime.
2° Television and radio services shall ensure plurality of opinion with regard to on-air access by persons not belonging to political parties and 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 moderation and honesty.
4° 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.
5° Television and radio services shall ensure that their guest programmes in magazines and news programmes are balanced.
6° With regard to non-news programmes, the French Superior Audiovisual Council notices that interventions linked to consultation should be avoided if the principles mentioned in 1° cannot be respected.
7° Television and radio services must systematically indicate the origin of images when they do not come from the provider of radio itself.
8° 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 the consultation
With regard to the coverage of national or international news, television and radio services continue to ensure a balance between the speaking time of members of the Government, personalities belonging to the parliamentary majority and personalities belonging to the parliamentary opposition, and to provide them with comparable programming conditions.
In addition, broadcasters must ensure that personalities belonging to parliamentary groups neither belonging to the majority nor to the opposition, as well as personalities belonging to political groups not represented in Parliament, are given an equitable amount of airtime.
In their local programs, the services concerned ensure coverage of local news, taking into account local political balances.
2. Intervention reports
2-1. Television and radio intervention reports
Each week, Réseau France outre-mer transmits to the French Superior Audiovisual Council statements of speaking time by political parties and groupings relating to the consultation.
Other television and radio services provide the French Superior Audiovisual Council, at its request, with all information relating to the speaking times of political parties and groupings.
2-2. Transmission of other information
Television and radio services shall provide the French Superior Audiovisual Council, at its request, with all necessary information, in particular for the investigation of submissions of a case before the court.
Television and radio services shall keep at the disposal of the French Superior Audiovisual Council the video or audio recordings of the programs concerned during the period covered by the present notice.
3. Program accessibility for the deaf and hard-of-hearing
Réseau France overseas France is committed to providing access (by subtitling or sign language) for deaf or hard-of-hearing people to the main programs devoted to current affairs and consultation, 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. Such messages may include verbal or visual references to the challenges at stake.
Radio services, as well as 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 polling day, 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 election results, partial or final, 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 election 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 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 the day of the poll.
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.
The present notice will be published in the Official Journal of the French Republic.
Paris, 24 February 2009
For the French Superior Audiovisual Council :
Chairman
M. BOYON