Notice of May 28, 2004 to the overseas France media on the communication of the results of the European Parliament elections of June 13, 2004
Having regard to Decision 2002/772/EC of the Council of the European Union amending the Act concerning the election of representatives of the European Parliament by direct universal suffrage ;
Having regard to the Electoral Code, and in particular article L.52-2 ;
Having regard to Law no. 86-1067 of September 30, 1986, as amended, relating to freedom of communication, and in particular articles 1, 13, 14, 16 and 28;
Having regard to Act no. 77-729 of July 7, 1977, as amended, on the election of representatives to the European Parliament;
After deliberation,
The French Superior Audiovisual Council hereby issues the following notice to all television and radio services showing the results of the forthcoming election of representatives to the European Parliament in overseas France.
Law no. 77-729 of July 7, 1977 on the election of representatives to the European Parliament established a constituency for overseas France. Voting is not held on the same day in all the communities in this constituency: it takes place on Saturday June 12, 2004 in Saint-Pierre and Miquelon, Guadeloupe, Martinique, French Guiana and French Polynesia, and on Sunday June 13, 2004 in Réunion, Mayotte, New Caledonia and Wallis and Futuna.
The French Superior Audiovisual Council noted that this particular situation was likely to create a risk of undermining the sincerity of the vote to be held on Sunday June 13, 2004, insofar as disclosure of the results of the vote organized on Saturday June 12, 2004 could have an influence on the vote, the following day, of voters in Reunion, Mayotte, New Caledonia and Wallis and Futuna.
The French Superior Audiovisual Council considers that it is in keeping with the principle of the fairness of the ballot that no estimates or results relating to the ballot held on June 12, 2004 should be broadcast on radio and television services in the overseas France constituency where voters are summoned to vote on June 13, 2004, until the ballot has been definitively closed.
The present notice will be published in the Official Journal of the French Republic.