Notice of February 13, 2007 for the election of the Territorial Assembly of Wallis and Futuna on April 1, 2007
Recommendation n°2007-2 of February 13, 2007 from the French Superior Audiovisual Council to radio and television services shown in the Wallis and Futuna Islands for the election of the Territorial Assembly of the Wallis and Futuna Islands on April 1, 2007.
In view of the electoral code;
Vu la loi n° 61-814 du 29 juillet 1961 modifiée conférant aux îles Wallis-et-Futuna le statut de territoire d'overseas France, notamment son article 12;
Having regard to Act no. 86-1067 of September 30, 1986, as amended, relating to freedom of communication, and in particular articles 1, 13, 14 and 16;
Having regard to decree no. 2007-7 of January 2, 2007 setting the date of elections for the renewal of the Territorial Assembly of the Wallis and Futuna Islands in 2007;
After deliberation,
The French Superior Audiovisual Council hereby issues the following notice to all radio and television broadcasters showing in the Wallis and Futuna Islands, with effect from the opening of the election campaign on March 19, 2007.
1- News coverage
1°) News related to the territorial election
a) When dealing with a given electoral district, television and radio services ensure that the lists of candidates for that district, as well as the personalities supporting them, benefit from fair presentation and access to the airwaves, and report on all lists of candidates.
b) When this treatment goes beyond the framework of a constituency, television and radio services ensure that the various political forces presenting a list or lists benefit from equitable presentation and access to the airwaves.
c) The reports, comments and presentations to which this election 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 the statements and writings of candidates, representatives of lists or political groupings, 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 policy of inviting special news programmes or magazines.
e) In other programs, the Council considers it appropriate to avoid election-related interventions which could not be balanced during the period of application of the present notice under the same programming conditions.
2°) News not related to territorial elections
a) Television and radio services provide local news coverage, taking into account local political balance. These balances are assessed on the basis of votes cast in previous elections.
b) For news not related to the election, the Council recommends that candidates should not be invited to appear, except where this is imperative due to current events.
II- Other schemes
1°) Candidate television and radio staff
These employees must refrain from speaking on air in the course of their duties from the opening of the official campaign on March 19 until April 1 inclusive.
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 program company Réseau France overseas (RFO) forwards to the Council the statements of speaking time by political figures relating to the election.
4°) Retention of tapes
The national program company Réseau France Outre-mer (RFO) keeps at the Council's disposal the visual or audio tapes of the various broadcasts concerning the election campaign and polling day.
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 electronic 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 election, 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 election from the first day of the sixth month prior to the election.
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 before the last polling station has shut down.
3°) Polls and right of reply
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 on the eve and the 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 in 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 electoral propaganda purposes, could be liable to distort the sincerity of the ballot and lead to its annulment.
The present notice will be published in the Journal officiel de la République française and in the Journal officiel du Territoire des îles Wallis-et-Futuna.
For the French Superior Audiovisual Council,
The Chairman
Michel BOYON