Notice for the consultation of Corsican voters (July 6, 2003)

French Superior Audiovisual Council's notice of June 11, 2003 to all television and radio services with a view to consulting Corsican voters on changes to the institutional organization of Corsica.

Having regard to the electoral code ;
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 law n° 2003-486 of June 10, 2003 organizing a consultation of Corsican voters on the modification of the institutional organization of Corsica;

After deliberation,
the French Superior Audiovisual Council hereby issues the following notice to all television and radio services shown in Corsica, effective from the date of its publication in the Journal Officiel.

I - Treatment of news related to consultation

1°) Television and radio services must ensure that political parties and groups have fair presentation and access to the airwaves.
In their local programs shown in Corsica, the services concerned ensure that political parties or groups have fair presentation and access to the airwaves, taking into account local political balances.

2°) Television and radio services shall ensure plurality of opinion as regards on-air access for 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

1°) With regard to national or international news, television and radio services continue to ensure a balance between the speaking time of members of the government, of personalities belonging to the parliamentary majority and of 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.

2°) In their local programs shown in Corsica, the services concerned ensure coverage of local news, taking into account local political balance.

III - Other schemes

1°) Transmission and storage of tapes

a) Records
The regional stations France 3 Corse and Radio France Frequenza Mora send the Conseil weekly reports on the speaking times of political figures. Local radio stations programming news programmes must be able to provide the Conseil, on request, with details of the speaking times of political figures on their airwaves.

b) Retention of tapes
The regional stations France 3 Corse and Radio France Frequenza Mora will keep visual or audio tapes of the various broadcasts concerning the campaign for the consultation at the Council's disposal.

2°) Use of audiovisual archives
Television and radio services shall ensure that any use made 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 audiovisual communication 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 definitive, may be communicated to the public by any means of audiovisual communication before the shutdown of the last polling station on Corsican territory.
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.