Notice of April 21, 2009 supplementing the notice of March 24, 2009 with a view to the election of representatives to the European Parliament in June 2009

French Superior Audiovisual Council recommendation of April 21, 2009, supplementing recommendation no. 2009-2 of March 24, 2009, addressed to all television and radio services with a view to the election of representatives to the European Parliament on June 7, 2009.

The French Superior Audiovisual Council,

Having regard to Decision 2002/772/EC of the Council of the European Union of June 25, 2002 and September 23, 2002 amending the Act concerning the election of representatives of the European Parliament by direct universal suffrage;
Having regard to the electoral code;
Having regard to Act no. 77-729 of July 7, 1977, as amended, on the election of representatives to the European Parliament;
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 Act no. 82-652 of July 29, 1982 on audiovisual communication, in particular article 6;
Having regard to Law 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 Decree no. 79-160 of February 28, 1979, amended, enforcing Law no. 77-729 of July 7, 1977, on the election of representatives to the European Parliament;
Having regard to the French Superior Audiovisual Council's notice no. 2009-2 of March 24, 2009 to all television and radio services for the election of representatives to the European Parliament on June 7, 2009;
Having regard to Conseil d'Etat decision no. 311.136 of April 8, 2009;

After deliberation,

Resolves:

Notice no. 2009-2 of March 24, 2009 is amended as follows:

1) Point 1-1 on election-related news is completed as follows:

"8° Reactions by opponents (candidates and their supporters) to any remarks made by the President of the Republic in support of a list or party are not deducted from speaking time as long as the remarks are shown within the following two days, except in special circumstances.

Speaking time for aides to the President of the Republic is counted as support for the lists or parties in favor of which they speak."

2) Point 1-2 on news unrelated to the election is completed as follows:

"To assess compliance with political plurality, television and radio services take into account those speeches by the President of the Republic which, according to their content and context, fall within the scope of national political debate, as defined in the Conseil d'Etat's decision of April 8, 2009.

Reactions to these interventions are not deducted from the speaking time of opponents, as long as they are shown within the following two days, except in special circumstances.

In addition, statements made by aides to the President of the Republic are taken into account under the same conditions."

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

Paris, April 21st 2009,
For the French Superior Audiovisual Council,
Le Président,
Michel BOYON