Notice of June 12, 2007 for the election of the territorial councillors of Saint-Martin on July 1 and 8, 2007

Having regard to the Electoral Code, in particular Book VI ;
Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, and in particular article 16 thereof;
Having regard to decree n° 2007-576 of April 19, 2007 convening the electorate for the election of the territorial councillors of Saint-Martin;
After deliberation,

The French Superior Audiovisual Council hereby issues the following notice to all radio and television services shown on Saint-Martin, with effect from the opening of the election campaign on June 18, 2007.

1- News coverage

1°) Election-related news

a) Television and radio services ensure that lists of candidates, as well as the personalities who support them, benefit from equitable presentation and access to the airwaves. They shall report on all candidate lists.

b) The reports, comments and presentations to which the election gives rise must be presented with a constant concern for balance and honesty. Television and radio services shall ensure that the choice of extracts from statements and writings by candidates, representatives of lists or political groupings taking part in the election, and the comments to which they may give rise, do not distort the general meaning.

c) Television and radio services shall ensure that the principle of equity is respected in their policy of inviting special news programmes or magazines.

d) In other programs, television and radio services shall 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 the election

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) The Council recommends that candidates should not be invited to appear on television or radio, unless current events make it imperative to do so.

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 June 18, 2007 until July 1 or 8, 2007 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 Outre-mer (RFO) transmits to the Council statements of the speaking times of political figures relating to the election. Local television and radio stations programming news programmes must be able to provide the Council, at its request, with all information relating to the speaking times of political figures in connection with the election.

4°) Retention of tapes

The national program company Réseau France Outre-mer (RFO), as well as local television and radio stations programming news programmes, shall keep available for the Council 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 communication to the public by electronic means 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 vote, 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 vote from the first day of the sixth month prior to the vote.

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.

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 must respect the principles laid down by 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 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 Official Journal of the French Republic.

For the French Superior Audiovisual Council
The Chairman,
Michel BOYON