Notice of March 24, 2009 for the election of representatives to the European Parliament on June 7, 2009

On April 21, 2009, this notice was supplemented by a notice concerning the actions of the President of the Republic and his associates, and on May 5, 2009, by a notice concerning the disclosure of results and the specific features of overseas France constituencies.

French Superior Audiovisual Council,

Having regard to Decision 2002/772/EC of the Council of the European Union of June 25, 2002 and of the
23 September 2002 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage ;
Having regard to the electoral code;
Having regard to Act no. 77-729 of July 7, 1977, as amended, on the election of representatives to the European Parliament;
Having regard to Act no. 77-808 of July 19, 1977, as amended, relating to 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 Decree no. 79-160 of February 28, 1979, amended, enforcing Law no. 77-729 of July 7, 1977, on the election of representatives to the European Parliament;

After deliberation;

Adopts the following notice applicable to all television and radio services:

This notice applies from April 27, 2009. The Commission will assess the fair presentation of and access to lists of candidates and their supporters with effect from that date until the close of polling.

It does not apply to television and radio services dedicated specifically to the election propaganda of lists of candidates or their supporters and 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 the election gives 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° 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.

5° With regard to non-news programmes, the Council notices that election-related interventions should be avoided if the principles mentioned in 1° and 2° cannot be respected.

6° Television services should systematically indicate the origin of images when they do not come from the service editor himself.

7° 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 coverage of national and international news, television and radio services continue to ensure a balance between the time spent by members of the government, those belonging to the parliamentary majority and those belonging to the parliamentary opposition, and to provide them with comparable programming conditions.

In addition, broadcasters must ensure that personalities belonging to parliamentary groups that are neither in the majority nor in opposition, and personalities belonging to political groups that are not represented in Parliament, are given an equitable amount of airtime.

In their local programs, the services concerned ensure coverage of local news, taking into account local political balances.

For news not related to the election, invitations to candidates must be linked to current events.

2- Speaking notes

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 tally of speaking time and airtime for candidates and their supporters on the following services:
- TF1 ;
- France 2 ;
- France 3 for its national program;
- Canal+ for its free-to-air programs;
- M6.

2-1-2- Statements made by television service editors

The following television service editors provide the French Superior Audiovisual Council with weekly 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.

Other television services, in particular local ones, provide the French Superior Audiovisual Council, at its request, with all information relating to the speaking time of representatives of candidates and their supporters.

2-1-3- Statements made by radio services

Each week, the following providers of radio services transmit to the French Superior Audiovisual Council statements of the speaking times of candidates and their supporters on their airwaves:

- BFM ;
- Europe 1 ;
- Radio Classique ;
- Radio France (France Info, France Inter, France Culture, France Musique and local radio stations of France Bleu);
- Réseau France overseas France ;
- RMC ;
- RTL.

The other radio services provide the French Superior Audiovisual Council, at its request, with all information relating to the speaking times of political figures.

2-2- Transmission of other information

Radio and television services shall provide the French Superior Audiovisual Council, at its request, with all information required, in particular for the investigation of any submissions of a case before the court.

The services mentioned in 2-1-2 and 2-1-3 shall keep at the disposal of the French Superior Audiovisual Council the video or audio recordings of the broadcasts concerned for the period covered by the notice.

3 - Program accessibility for the deaf or hard-of-hearing

The services referred to in 2-1-1 are required to facilitate access (by subtitling or sign language) for deaf or hard-of-hearing people to the main programs devoted to electoral a ctuality 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 must ensure that any on-air or on-screen interventions they 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 amended law of September 30, 1986 on freedom of communication, radio and television advertising of a political nature is prohibited.

In the case of press advertising, television and radio services must ensure that they do not show advertising messages likely to distort the fairness of the vote.

Advertising messages containing verbal or visual lists of candidates or election challenges are likely to be considered as such.

Radio services, as well as television services distributed by networks not using frequencies summonsed by the French Superior Audiovisual Council, shall ensure that they do not show advertisements for literary works whose author is directly concerned by the election of representatives to the European Parliament, 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 election, 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 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, whether partial or final, may be communicated to the public by any means of electronic public communication in mainland France before the last polling station in mainland France has shut down. The same applies in overseas France before the last polling station in each of the departments concerned has shutdown.

Radio and television services shall refrain from diffusing any information likely to give an indication of the outcome of the vote before the closing of the last polling station.

Television services covering election day news in mainland France will insert 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 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 poll.

5-4- Right of reply

In accordance with article 6 of the amended law of July 29, 1982 on audiovisual communication, 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 laid down in the case law 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, March 24th 2009,
For the French Superior Audiovisual Council,
The Chairman,
Michel BOYON

This notice was supplemented, on April 21, 2009, by a notice concerning interventions by the President of the Republic and his aides, and, on May 5, 2009, by a notice concerning the disclosure of results and the specificities of overseas France constituencies.