Notice of March 7, 2006 for the elections to the General Council of Saint-Pierre-et-Miquelon on March 19 and 26, 2006
Notice of March 7, 2006 from the French Superior Audiovisual Council to all television and radio services received in Saint-Pierre-et-Miquelon with a view to the renewal of the General Council of the territorial collectivity of Saint-Pierre-et-Miquelon on March 19 and 26, 2006.
Having regard to the electoral code and in particular articles L.49 paragraph 2, L.52-1 and L.52-2 ;
Having regard to Act no. 85-595 of June 11, 1985, as amended, relating to the status of the archipelago of Saint-Pierre-et-Miquelon;
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;
Vu la loi n° 77-808 du 19 juillet 1977 modifiée et notamment son article 11 ;
After deliberation,
the French Superior Audiovisual Council issues the following notice to all television and radio services received in Saint-Pierre-et-Miquelon, effective March 11, 2006.
I - Election-related news
1°) When dealing with a given electoral district, television and radio services must ensure that the lists of candidates and the personalities supporting them are given fair presentation and access to the airwaves, by reporting on all lists of candidates.
2°) When the coverage of these elections goes beyond the framework of a constituency, television and radio services ensure that the various political forces presenting lists of candidates are presented and given fair access to the airwaves.
3°) The reports, comments and presentations to which these elections give 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, and the comments to which they may give rise, do not distort the general meaning.
4°) Television and radio services shall ensure that the principle of fairness is respected in their policy of inviting special news programmes or magazines.
5°) In other programs, the Council considers it advisable to avoid election-related interventions which could not be balanced during the period of application of the present notice under the same programming conditions.
II - News not related to elections
With regard to national and international news, television and radio services continue to ensure a balance between the time devoted to members of the government, to members of the parliamentary majority and to members of 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.
In their local programs, the television and radio services concerned ensure coverage of local news, taking account of local political balance. These balances are assessed in the light of votes cast in previous elections.
III - Other schemes
1°) Transmission of statements and conservation of tapes
a) Records
Réseau France Outremer (for its television and radio programs) sends the Conseil weekly statements of the speaking times of political figures on its airwaves, starting on March 11, 2006.
b) Retention of tapes
Réseau France Outremer keeps the visual tapes of programs concerning the election campaign at the Council's disposal.
Radio services keep at the Council's disposal the audio tapes of broadcasts concerning the election campaign.
2°) Special schemes
- Employees of candidate television and radio services shall refrain from speaking on the air in the exercise of their duties from the opening of the official campaign until March 19 or 26, 2006 inclusive, in the event of their presence in the second round of voting.
- Television and radio services shall 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.
- Television and radio services must respect the principles established by the jurisprudence 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 under conditions that make a response impossible or ineffective, is likely to distort the sincerity of the vote and lead to its annulment.
Massive and exclusive support for a list or a candidate, which could be analyzed as the provision of airtime for electoral propaganda purposes, could be likely to distort the sincerity of the ballot and lead to its cancellation.
IV - Miscellaneous obligations
In accordance with article 14 of the amended law of September 30, 1986, radio and television advertising programs of a political nature are prohibited.
In accordance with the second paragraph of article L.49, paragraph 2, of the French Electoral Code, as of 0.00 a.m. on the eve of polling day, it is forbidden to show or to have shown by any means of audiovisuel 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 ballot, and no campaign promoting the achievements or management of a local authority may be organized within the territory of the local authorities concerned by the ballot from
September 1, 2005.
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 audiovisual communication before the last polling station has shut down.
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 forbidden by any means the day before and the 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 7th 2006
For the Board of Governors
de l'audiovisuel,
The Chairman,
Dominique BAUDIS