Notice of March 24, 2009 for the May 10, 2009 election of members of the Congress and Provincial Assemblies of New Caledonia.

Recommendation no. 2009-3 of March 24, 2009 from the French Superior Audiovisual Council to television and radio services shown in New Caledonia for the election of members of the congress and provincial assemblies of New Caledonia

The French Superior Audiovisual Council,

Having regard to the electoral code ;

Having regard to Organic Law no. 99-209 of March 19, 1999, as amended, relating to New Caledonia;

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 law 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 on freedom of communication, in particular articles 1, 13, 14, 16 and 28;

Having regard to Act no. 99-210 of March 19, 1999, as amended, relating to New Caledonia;

Having regard to the opinion of the Government of New Caledonia dated March 17, 2009;

After deliberation ;

Adopts the following notice:

It is applicable to all television and radio services shown in New Caledonia.

This notice applies from April 13, 2009. The council will assess the fair presentation of and access to candidate lists and their supporters as of this date and until the close of polling.

This notice does not apply to television and radio services devoted specifically to the election propaganda of candidates or the political parties and groupings that support them, and accessible exclusively via the Internet.

1. News coverage

1-1. Election-related news

1° When dealing with a specific province, television and radio services ensure that lists of candidates and their supporters have fair presentation and access to the airwaves.

2° When the election is dealt with outside a given province, television and radio services ensure that political parties and groupings presenting lists of candidates, as well as persons supporting them, benefit from equitable 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 those of representatives of political parties and groupings, as well as the comments to which they may give rise, do not distort their general meaning.

4° Interventions by persons other than those belonging to political parties or groupings presenting lists of candidates or supporting them must comply with the principles mentioned in 3°. The invitation program of these persons must be balanced.

5° With regard to non-news programmes, the council recommends avoiding election-related interventions 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 of public figures :

- does not give rise to editing or use likely to distort the original meaning of the document;

- are systematically accompanied by an indication of their source and date.

1-2. News not related to the election

With regard to coverage of national or 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 (1), and to provide them with comparable programming conditions.

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

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

For news not related to the election, invitations to candidates must be linked to the needs of the a ctuality.

2. Recording of speeches

2-1. Statements made by television and radio service editors

Every week, Réseau France outre-mer transmits to the French Superior Audiovisual Council statements of the speaking times of political parties and groups and their supporters on its channels.

Other television and radio services provide the French Superior Audiovisual Council, at its request, with all information relating to the speaking times of representatives of political parties and groupings and their supporters.

2-2. Transmission of other information

Television and radio services shall provide the French Superior Audiovisual Council, at its request, with all necessary information, in particular for the investigation of submissions of a case before the court.

Television and radio services 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 and hard-of-hearing

Réseau France overseas is committed to providing access (by subtitling or sign language) for the deaf or hard-of-hearing to the main election-related programmes shown at peak times.

4. Television and radio candidates

Until the opening date of the official election campaign, employees of television and radio services who are candidates shall ensure that any on-air or on-screen interventions they may 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 day on which the election is won in the constituency in which they were candidates.

5. Reminder of legal obligations

5-1. Advertising

In accordance with article 14 of the amended law of September 30, 1986, radio and television advertising of a political nature is prohibited.

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. 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 members of the Congress and the provincial assemblies of New Caledonia, or whose title or content are 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 polling day, 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, partial or final, may be communicated to the public by any means of electronic public communication before the shutdown of the last polling station.

Radio and television services shall refrain from diffusing any information likely to give an indication of the outcome of the election before the closing 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 directly or indirectly related to 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 audiovisuel 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 set out in the jurisprudence of the election judge.

In particular, they must not show any defamatory, insulting or misleading remarks, or any remarks introducing 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 :
Le président,
M. Boyon

(1) In application of the "reference principle".