Notice of December 8, 2009 for the elections of regional councillors and councillors to the Assembly of Corsica on March 14 and 21, 2010.
Recommendation no. 2009-9 of December 8, 2009 to all television and radio services for the elections of regional councillors and councillors to the Assembly of Corsica on March 14 and 21, 2010.
French Superior Audiovisual Council,
Having regard to the Electoral Code ;
Having regard to Act no. 77-808 of July 19, 1977, as amended, on 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 Law no. 2005-102 of February 11, 2005 on equal rights and opportunities, participation and citizenship for the disabled;
After deliberation,
Adopts the following notice, applicable to all television and radio services:
This notice applies from February 1, 2010. The council appreciates the fair presentation and access to the air of lists of candidates and their supporters as of this date and until the close of polling.
It does not apply to television and radio services whose specific content is election propaganda by lists of candidates or their supporters and which are accessible exclusively via the Internet.
1. News coverage
1.1. Election-related news
1° When dealing with a specific constituency, television and radio services ensure that lists of candidates and their supporters have fair presentation and access to the airwaves.
2° When the election covers more than one constituency, television and radio services ensure that political parties and groups presenting lists of candidates and their supporters have fair presentation and access to the airwaves.
3° The reports, commentaries and presentations to which elections give rise must be presented with a constant concern for moderation and honesty. Television and radio services must also ensure that the choice of extracts from the statements and writings of candidates and their supporters, as well as the comments to which they may give rise, do not distort the general meaning.
4° In accordance with the jurisprudence of the Conseil d'Etat, any statements made 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 elections, in particular those expressing support for a list of candidates or a political party or grouping, are the subject of a separate statement. Publishers take this into account, ensuring that other lists, parties or political groupings are given fair access to the airwaves in return.
5° Interventions by persons other than those belonging to political parties or groupings presenting lists of candidates or their supporters must respect the principles mentioned in 3°. The invitation program of these persons must be balanced.
6° With regard to non-news programmes, it is recommended to avoid election-related interventions if the principles mentioned in 1° and 2° cannot be respected.
7° Television services should systematically indicate the origin of images when they do not come from the service editor himself.
8° Television and radio services shall ensure that the use of audiovisual archives containing images or words by 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 election
With regard to the coverage of non-election-related news, television and radio services continue to apply deliberation no. 2009-60 of July 21, 2009 of the French Superior Audiovisual Council on the principle of political plurality.
For news not related to the election, invitations to candidates must be linked to the needs of the news.
2. Recording of speeches
2.1. Statements by candidates and their supporters
2.1.1. Statements made by the French Superior Audiovisual Council
The French Superior Audiovisual Council draws up a list of speaking times and airtime for candidates and their supporters on the following television services:
- TF 1 ;
- France 2 ;
- France 3 for its national program;
- Canal+ for its free-to-air program;
- M 6.
2.1.2. Statements made by television service editors and transmitted to the French Superior Audiovisual Council
Each week, the following television service editors transmit to the French Superior Audiovisual Council statements of the speaking times of candidates and their supporters on their airwaves:
- France 3 for its regional and local programs;
- France 5 for its entire program;
- Réseau France overseas France for its regional programs and for France Ô ;
- LCI ;
- i-télé ;
- BFM TV.
2.1.3. Obligations concerning other television service editors
Other television services, in particular local ones, shall provide the French Superior Audiovisual Council, at its request, with all information relating to the speaking time of candidates and their supporters.
2.1.4. Statements made by providers of radio services
Each week, the following radio service editors send the French Superior Audiovisual Council statements of speaking time for candidates and their supporters on their airwaves:
- BFM ;
- Europe 1 ;
- Radio Classique ;
- Radio France (France Info, France Inter, France Culture, France Musique, local radio stations of France Bleu) ;
- Réseau France overseas France ;
- RMC ;
- RTL.
2.1.5. Obligations concerning other providers of radio services
Other radio services must provide the French Superior Audiovisual Council, at its request, with all information relating to the speaking time of candidates and their supporters.
2.2. Transmission of other information
Radio and television services shall provide the French Superior Audiovisual Council, at its request, with all necessary information, in particular for the investigation of any submissions of a case before the court.
The services referred to in 2.1 shall keep at the disposal of the French Superior Audiovisual Council the video or audio recordings of programmes shown during the period covered by the notice.
3. Program accessibility for the deaf and hard-of-hearing
The services mentioned in 2.1.1. as well as France 4 and France 5 are required to ensure access (by subtitling or sign language) for deaf or hard-of-hearing people to programs devoted to electoral news.
The other television services are required to provide access (by subtitling or sign language) for the deaf or hard of hearing to the main programs devoted to election news at peak times. In particular, they shall endeavor to make available the retransmission of debates between candidates.
4. Candidate television and radio staff
Until the opening date of the official election campaign, employees of television and radio services who are candidates shall ensure that any on-air or on-screen interventions they may make do not have any impact that could undermine the equality of candidates with regard to propaganda means and the fairness of the ballot.
These same employees must refrain from appearing on air or expressing themselves on air in the exercise of their duties from the opening of the official campaign until the close of the ballot.
5. Reminder of legal obligations
5.1. Advertising
In accordance with article 14 of the 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 sincerity of the vote.
Advertising messages may be considered as such if they contain verbal or visual lists of candidates or election challenges.
Radio services and television services distributed by networks that do not use frequencies summonsed by the French Superior Audiovisual Council shall ensure that they do not show advertisements for literary works whose authors are directly involved in the election of regional councillors and councillors to the Corsican Assembly, or whose title or content is linked to the challenges of this election.
5.2. Electoral propaganda
In accordance with the second paragraph of Article L. 49 of the French Electoral Code, from midnight on the eve of the vote, it is forbidden to show or have shown by any means of electronic communication to the public any message having the character of electioneering.
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 first day of the month of 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 sixth 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 electronic communication to the public in mainland France, before the shutdown of the last polling station in mainland France. The same applies in overseas France before the last polling station in each of the departments concerned has shutdown.
In mainland France and overseas France, radio and television services must refrain from showing any element likely to give an indication of the outcome of the vote before the last polling station closes.
Television services covering election day news in mainland France will show the time, to the nearest second, no later than five minutes before the close of the last polling station.
5.3. Polls
In accordance with article 11 of the law of July 19, 1977, the diffusion and commentary of any poll directly or indirectly related to the consultation are forbidden by any means on the eve and the day of the vote.
5.4. Right of reply
In accordance with article 6 of the law of July 29, 1982, radio and television services are obliged, where appropriate, to implement the right of reply.
5.5. Jurisprudence of the election judge
Television and radio services must respect the principles set out in the jurisprudence of the election judge. In particular, they must not show any defamatory, insulting or misleading statements, or any new elements of electoral controversy, on a date or under conditions that make a response impossible or ineffective.
This notice will be published in the Official Journal of the French Republic.
Paris, December 8th 2009.
For the French Superior Audiovisual Council :
Le président,
M. Boyon