Notice of December 18, 2007 for the election of members of the Assembly of French Polynesia on January 27 and February 10, 2008

Recommendation no. 2007-8 of December 18, 2007 from the French Superior Audiovisual Council to radio and television services shown in French Polynesia for the election of members of the Assembly of French Polynesia on January 27 and February 10, 2008.

In view of the electoral code;
Having regard to Organic Law no. 2004-192 of February 27, 2004 on the autonomous status of French Polynesia;
Having regard to Organic Law n° 2007-1719 of December 7, 2007 aimed at strengthening the stability of institutions and the transparency of political life in French Polynesia;
Having regard to Act no. 2007-1720 of December 7, 2007 aimed at strengthening institutional stability and political transparency in French Polynesia;
Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular article 16;
Having regard to Decree no. 2007-1728 of December 8, 2007 convening the electorate for the renewal of the Assembly of French Polynesia;
Having regard to the opinion of the Government of French Polynesia n° 1687 / CM of December 13, 2007;
After deliberation,

The French Superior Audiovisual Council hereby issues the following notice to all television and radio services shown in French Polynesia, applicable from the opening of the official campaign on January 8, 2008.

I - News coverage

1°) Election-related news

a) When dealing with a specific constituency, television and radio services ensure that the lists of candidates, as well as the personalities supporting them, benefit from equitable presentation and access to the airwaves. They report on all candidate lists.

b) When the coverage of this election goes beyond the scope of a constituency, television and radio services shall ensure that the various political forces presenting lists of candidates are given fair presentation and access to the airwaves.

c) The reports, comments and presentations to which this election gives rise must be presented by television and radio services with a constant concern for balance and honesty. They shall ensure that the choice of extracts from the statements and writings of candidates, representatives of lists or political groupings taking part in the election, 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 invitation policy.

2°) News not related to the election

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

II - Other schemes

1°) Candidate television and radio staff

Employees of candidate television and radio services must refrain from speaking on air in the course of their duties from the opening of the official campaign on January 8, 2008.

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

Every week, the national broadcasting company Réseau France Outre-mer (RFO) and Tahiti Nui Télévision (TNTV) provide the Conseil with statements of the speaking times of political figures in connection with the election. Local radio stations must be able to provide the Council, at its request, with any information relating to the speaking times of political figures in connection with the election.

4°) Storage of recordings

The national program company Réseau France Outre-mer (RFO) and Tahiti Nui Télévision (TNTV), as well as local radio stations, shall keep visual or sound recordings of the various broadcasts concerning the election campaign at the disposal of the Council.

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.

2°) Electoral propaganda

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 the vote, 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 final, may be communicated to the public by any means of audiovisual communication before the last polling station has shutdown.

3°) Polls and right of reply

In accordance with article 11 of the amended law of July 19, 1977 on the publication and broadcasting of certain opinion polls, the diffusion and commentary of any poll directly or indirectly related to the election are prohibited by any means on the eve and day of the vote.

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 are required to respect the principles laid down in the case law 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 vote and lead to its annulment. In any event, such statements may, at any time during the election campaign, give rise to administrative or criminal legal sanctions, as well as to the implementation by the radio and television services concerned of a right of reply, in accordance with article 6 of the amended law of July 29, 1982.

Massive and exclusive support for a list or a candidate, which could be construed as the provision of airtime for electioneering purposes, could be liable to distort the sincerity of the ballot and lead to its annulment.

This notice will be published in the Journal officiel de la République française and the Journal officiel de la Polynésie française.

Paris, December 18, 2007
For the French Superior Audiovisual Council,
The Chairman,
Michel BOYON