Notice of December 8, 2009 for the consultation of Martinique voters on January 10 and 24, 2010
French Superior Audiovisual Council,
Having regard to the Electoral Code, in particular Book VII;
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 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. 2009-1406 of November 17, 2009 relating to the consultation of voters in Martinique in application of articles 72-4 and 73 of the Constitution;
In view of decree no. 2009-1435 of November 20, 2009 organizing the consultation of voters in Martinique on January 10 and 24, 2010;
After deliberation;
Adopts the following notice applicable to all television and radio services shown in Martinique:
This notice applies as of December 14, 2009.
It does not apply to television and radio services dedicated specifically to the propaganda of political parties and groupings accessible exclusively 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° In accordance with the jurisprudence of the Conseil d'Etat, any speeches by the President of the Republic which, by virtue of their content and context, fall within the scope of the political debate linked to the consultation of voters in Martinique, in particular those which involve the expression of support for a political party or grouping, are the subject of a separate statement. Publishers take this into account, ensuring that other political parties or groupings have fair access to the airwaves in return.
4° The reports, comments and presentations to which the consultation gives rise must be presented by the editors with a constant concern for moderation and honesty.
5° 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.
6° Television and radio services shall ensure that their guest programmes in magazines and news programmes are balanced.
7° 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.
8° Television and radio services must systematically indicate the origin of images when they do not come from the provider of radio itself.
9° 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 news coverage not related to the consultation, television and radio services continue to apply Conseil Supérieur de l'Audiovisuel ruling no. 2009-60 of July 21, 2009 on the principle of pluralism, which makes provision for pluralism in the treatment of local or regional political news in programs for local or regional diffusion, taking into account local or regional balances.
2. Speaking notes
2-1. Television and radio intervention reports
Every week, France Télévisions (Réseau France outre-mer) sends the French Superior Audiovisual Council statements of speaking time by political parties and groupings.
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 video or audio recordings of programmes shown during the period covered by the present notice.
3. Program accessibility for the deaf and hard-of-hearing
France Télévisions (Réseau France overseas France) ensures that the main programs devoted to current affairs and consultation, which are shown at peak times, are accessible to the deaf and hard-of-hearing (via adapted subtitling or sign language).
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. Advertising messages containing verbal or visual references to the challenges of the consultation are likely to be considered as such.
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 audiovisuel 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, December 8th 2009
For the French Superior Audiovisual Council
Chairman
M. BOYON