Notice of May 24, 2005 for the application of articles L.49 and L.52-2 of the Electoral Code during the referendum of May 28 and 29, 2005

French Superior Audiovisual Council's notice to all television and radio services on the application of articles L.49 (paragraph 2) and L.52-2 of the Electoral Code during the referendum of May 28 and 29, 2005

Having regard to the Electoral Code, and in particular articles L.49 paragraph 2 and L.52-2 ;
Having regard to law no. 86-1067 of September 30, 1986, as amended, on freedom of communication, and 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 broadcasters for the referendum of May 28 and 29, 2005.

Decree no. 2005-237 of March 17, 2005 on the organization of the referendum makes provision for voting to take place on Saturday May 28, 2005 in Saint-Pierre-et-Miquelon, Guadeloupe, Martinique, French Guiana and French Polynesia.
Decree no. 2005-238 of March 17, 2005 on the referendum campaign applies the provisions of articles L.49 and L.52-2 of the Electoral Code, extending the latter's application to all overseas France.

In accordance with the second paragraph of article L.49 of the 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 audiovisual communication any message having the character of electoral propaganda.

Pursuant to article L.52-2 of the French Electoral Code, no partial or definitive referendum results may be made public by the press or by any means of audiovisual communication, in mainland France, before the shutdown of the last polling station in mainland France. The same applies in overseas France, before the closedown of the polling station in each of the communities concerned.

The French Superior Audiovisual Council noted that holding the ballot on two dates could lead to a possible breach of the above-mentioned provisions, likely to undermine the sincerity of the ballot.
The CSA is therefore demanding that all radio and television services concerned refrain from showing any electioneering messages in Saint-Pierre-et-Miquelon, Guadeloupe, Martinique, French Guiana and French Polynesia, as of the day before polling day at 0 hours (local time) on the territory of the communities concerned.

The Council also demands that all radio and television services do not show any partial or final results of the referendum before the shutdown of the last polling station in the territory concerned (mainland or overseas France). Radio and television services broadcasting in mainland France may not show results before 10 p.m., not only in mainland France, but also in overseas France or in polling centers abroad.

In addition, television services scheduling an election evening in mainland France are asked to indicate the time on screen, to the nearest second, on May 29, 2005, from 9:55 p.m. until 10 p.m.

Lastly, the Council demands that all radio and television services inform the public that the only definitive results will be those proclaimed by the Constitutional Council after the votes have been inventoried at national level and any complaints examined.

This notice will be published in the Official Journal of the French Republic.

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