Notice for elections in French Polynesia (May 6, 2001)

I - Election news

1°) When dealing with a given electoral district, television and radio services ensure that lists of candidates and the personalities who support them are given fair presentation and access to the airwaves, by reporting on all lists.

2°) When the coverage of this election goes beyond the framework of a given electoral district, television and radio services ensure that the various political forces presenting one or more lists benefit from equitable presentation and access to the airwaves.

3°) The reports, comments and presentations to which these elections give 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 candidates' statements and writings, and the comments to which they may give rise, do not distort their general meaning.

4°) With regard to magazine or special programs, the Council demands that departments pay close attention to their invitation policy to ensure compliance with the principles mentioned in 1° and 2° above.

5°) In news programmes other than news programmes, the Council considers that election-related interventions should be avoided if the principles mentioned in 1° and 2° above cannot be respected.

6°) Equity must be achieved in Tahitian programs on the one hand, and in French programs on the other.

7°) The principles set out in this notice apply to the entire programme shown, including programme elements which may originate from other audiovisual communication services. Particular attention should therefore be paid to such program repeats.

II- News not related to the election

1°) With regard to the coverage of national or international news not linked to the election, radio and television services must respect a balance between the speaking time of members of the government, that of personalities belonging to the parliamentary majority and that of personalities belonging to the parliamentary opposition, and provide them with comparable programming conditions. In addition, broadcasters must ensure that personalities belonging to political parties not represented in Parliament are given a fair amount of airtime.

2°) With regard to coverage of local news not related to the election, radio and television services must respect a balance between the speaking time of members of the government of French Polynesia, that of personalities belonging to the majority of the Assembly of French Polynesia and that of personalities belonging to the opposition of the Assembly of French Polynesia, and ensure them comparable programming conditions. In addition, editors must ensure that personalities belonging to political groups not represented in the Assembly of French Polynesia are given a fair amount of airtime.

3°) For news not related to elections, the Council considers that it is preferable not to invite candidates, except in the case of imperative current events.

III - Other obligations

1°) Transmission of information to the Board

Radio and television services must be able to provide the Conseil, at its request, with all the information necessary for the investigation of any submissions of a case before the court, in particular statements of speaking time by political figures and audio or visual tapes of various broadcasts concerning the election campaign.

2°) Special obligations

- Until the opening date of the official election campaign, employees of all television and radio broadcasting services who are candidates must ensure that any on-air or on-screen interventions they make do not have any electoral impact likely to undermine the equality of candidates in terms of propaganda means and therefore the fairness of the ballot.
These same employees shall refrain from appearing on the air or speaking on the air in the exercise of their duties from the opening of the official campaign until Sunday May 6, 2001.

- Audiovisual communication services will ensure that any use made of audiovisual archives containing images or words of 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.

- The principles laid down in the case law of the election judge must be scrupulously respected. In particular, the diffusion of defamatory, misleading or insulting statements, or those which introduce new elements of electoral controversy, on a date or under conditions which make a response impossible or ineffective, is likely to distort the sincerity of the ballot and therefore lead to its annulment. As far as opinion radio stations are concerned, it should be remembered that massive and exclusive support for a list or a candidate, which could be analyzed as the provision of airtime for electoral propaganda purposes, could be likely to distort the sincerity of the ballot and therefore lead to its annulment. In addition, the sums corresponding to the production of the broadcasts could be regarded as election expenses and as such included in the candidate's campaign account.

IV - Miscellaneous provisions

- Article 14 of the Act of September 30, 1986, as amended, prohibits political advertising on radio or television.

- In accordance with article L.49, paragraph 2, 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 audiovisual communication, any message of an electoral propaganda nature.

- In accordance with article 11 of the amended law of July 19, 1977 relating to the publication and broadcasting of certain opinion polls, the diffusion and commentary of any poll directly or indirectly related to an election are prohibited by any means during the week preceding the election and during the election itself.

- Audiovisuel communication services are obliged to implement, where appropriate, the right of reply instituted by article 6 of the law of July 29, 1982, maintained in force by the aforementioned amended law of September 30, 1986.