Notice of May 5, 2009 amending the notice of March 24, 2009 with a view to the election of representatives to the European Parliament on June 7, 2009

Recommendation no. 2009-5 of May 5, 2009 amending Recommendation no. 2009-2 of March 24, 2009 addressed to all television and radio services with a view to the election of representatives to the European Parliament on June 7, 2009.

The French Superior Audiovisual Council,

Having regard to Decision 2002/772/EC of the Council of the European Union of June 25, 2002 and September 23, 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. 86-1067 of September 30, 1986, as amended, on freedom of communication;

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;

Vu le décret n° 2009-456 du 23 avril 2009 portant convocation des électeurs pour l'élection des représentants au Parlement européen ;

Having regard to recommendation no. 2009-2 of March 24, 2009 from the French Superior Audiovisual Council to all television and radio services for the election of representatives to the European Parliament on June 7, 2009, supplemented by recommendation no. 2009-4 of April 21, 2009;

After deliberation,

Adopts the following notice:

The above-mentioned notice no. 2009-2 of March 24, 2009 is amended as follows, following publication of the above-mentioned decree of April 23, 2009:

1. Point 5.2 on election propaganda is amended as follows:

The last paragraph is replaced by the following paragraphs:

"Television services covering election news on polling day in mainland France insert the time, to the nearest second, on screen no later than five minutes before the close of the last polling station, i.e. no later than 7.55 p.m. and until 8 p.m.. As of 8 p.m., these services can only transmit polls or voting estimates.

Official results can only be made public after the close of polling in the European Union member state where the last voters will cast their ballots, i.e. at 10 p.m. Paris time.

Television services broadcasting election news on polling day in mainland France will include the time, to the nearest second, no later than five minutes before the close of the last polling station in the European Union member state, i.e. at 9.55 p.m. and until 10 p.m. Paris time.

2. Point 5 is completed as follows:

" 5.6. Special case of television and radio services shown in the overseas France region

The election of representatives to the European Parliament takes place on Saturday June 6, 2009 in Saint-Pierre-et-Miquelon, Saint-Martin, Saint-Barthélemy, Guadeloupe, Martinique, French Guiana and French Polynesia, and on Sunday June 7, 2009 in Réunion, Mayotte, New Caledonia and Wallis and Futuna.

No estimates or results relating to the polls held on June 6, 2009 may be broadcast on television or radio in the overseas France constituency where voters are summoned to cast their ballots on June 7, 2009 until the polls have been definitively closed.

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

Paris, May 5, 2009.

For the French Superior Audiovisual Council :
Le président,
M. Boyon