Notice of March 22, 2005 in view of the referendum of May 29, 2005

Text of the French Superior Audiovisual Council's notice for the referendum of May 29, 2005 and a presentation note (download above) on the campaign.

French Superior Audiovisual Council's notice n° 2005 - 3 of March 22, 2005 to all television and radio services in view of the referendum of May 29, 2005.

Having regard to Act 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 decree no. 2005- 237 of March 17, 2005 organizing the referendum;
Having regard to decree n° 2005-238 of March 17, 2005 relating to the referendum campaign;
Having regard to the opinion of the Constitutional Council ;
After deliberation,
the French Superior Audiovisual Council hereby issues the following notice to all television and radio services, applicable from April 4, 2005 to May 29, 2005 inclusive.

I - News coverage

1°) News related to the referendum

a) Television and radio services ensure that political parties or groupings have fair presentation and access to the airwaves. Where they report on the plurality of positions within political parties or groupings, they shall also ensure that they do so under fair conditions.

b) Television and radio services shall ensure plurality of opinion as regards access to the airwaves by persons not belonging to political parties or groupings.

c) The reports, comments and presentations to which the consultation 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 statements and writings by representatives of political parties or groups, and 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 guests to magazine or news programmes.

e) In other programs, the Council considers that consultation-related interventions that could not be balanced during the period of application of the present notice under the same programming conditions should be avoided.

2°) News not related to the referendum

a) With regard to national or international news, television and radio services continue to ensure a balance between the speaking time of members of the government, that of personalities belonging to the parliamentary majority and that of personalities from the parliamentary opposition, under comparable programming conditions. In addition, television and radio services continue to ensure that personalities belonging to political groups not represented in Parliament are given a fair amount of airtime.

b) In their local programs, the services concerned ensure coverage of local news, taking account of local political balance.

II - Other schemes

1°) 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.

2°) Transmission of statements

Réseau France overseas France (for its television programs), France 3 and Métropole Télévision (M6) (for their regional and local programs), private local television stations, and the publishers of the LCI, i-Télé and Euronews services, send the Council statements of the speaking time of political figures on their channels every two weeks from April 4, 2005 to April 29, 2005, and then every week from April 30, 2005. Other television services distributed by cable or shown by satellite, as well as television services shown by terrestrial hertzian means in digital mode, communicate to the Council, on its demand, all elements relative to the speaking times of political personalities.
RFO (for its radio programs), Radio France, RFI and the providers of the Europe 1, RTL, BFM, RMC info and Radio Classique services provide the Conseil with statements of the speaking times of political figures every two weeks from April 4 to April 29, 2005, and every week thereafter from April 30, 2005. The other radio services provide the Conseil, at its request, with information on the speaking times of political figures.

3°) Retention of tapes

France 3, RFO, Métropole Télévision (M6), for their regional or local programs, private local television stations and television services distributed by cable or satellite, as well as television services shown by terrestrial hertzian means in digital mode, keep at the disposal of the Council the visual tapes of programs concerning the referendum campaign.
Radio services shall keep at the disposal of the Council the audio tapes of broadcasts concerning the referendum campaign.

III - Reminder of legal obligations

1°) Advertising

In accordance with article 14 of the amended law of September 30, 1986, radio and television advertising programs of a political nature are 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. Such advertising may include verbal or visual references to personalities involved in the referendum campaign or to positions relating to the referendum.
Radio services, as well as television services distributed exclusively by cable or broadcast by satellite, shall ensure that they do not show advertisements for literary works whose author is involved in the referendum campaign, or whose title or content is related to the referendum.

2°) Electoral propaganda

Television and radio services must comply with the provisions of the electoral code made applicable by decree no. 2005-238 of March 17, 2005 on the referendum campaign, in particular articles L 49 2nd paragraph and L 52-2.

3°) Polls and right of reply

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 the consultation are prohibited by any means on the eve and day of the poll.
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.

Paris, March 22nd 2005
For the French Superior Audiovisual Council,
Le président,
Dominique BAUDIS

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