November 13, 2007 notice for cantonal and municipal elections
French Superior Audiovisual Council's notice of November 13, 2007 to all television and radio services for cantonal and municipal elections
The French Superior Audiovisual Council,
Having regard to the Electoral Code ;
Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles 1, 13 and 16;
After deliberation;
Adopts the following notice applicable to all television and radio services:
This notice applies as of February 1, 2008. News coverage, whether election-related or not, is subject before this date to the principle of listing in 1-2 of this notice.
It does not apply to television and radio services dedicated 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 electoral district (canton for cantonal elections - commune, sector or arrondissement for municipal elections), television and radio services ensure that candidates or lists of candidates and their supporters have fair presentation and access to the airwaves.
2° When the election coverage goes beyond the scope of a constituency, television and radio services ensure that parties and groups presenting candidates or lists of candidates benefit from fair presentation and access to the airwaves.
3° The reports, commentaries and presentations to which elections give 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 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 or supporting parties or groupings presenting candidates must comply with the principles mentioned in 3°. The invitation program of these persons must be balanced.
5° In the case of non-news programmes, the Council notices that interventions relating to elections should be avoided 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 by public figures :
- does not give rise to editing or use likely to distort the original meaning of the document;
- is systematically accompanied by an indication of its source and date.
1-2- News not related to elections
With regard to coverage of national and international news, television and radio services continue to ensure a balance between the time spent by members of the government, the parliamentary majority and the parliamentary opposition, and to provide them with comparable programming conditions.
In addition, broadcasters must ensure that personalities belonging to parliamentary groups neither belonging to the majority nor to the opposition, as well as personalities belonging to political groups not represented in Parliament, are given an equitable amount of airtime.
In their local programs, the services concerned ensure coverage of local news, taking into account local political balances.
For news not related to elections, invitations to candidates must be linked to the needs of the news.
2- Speaking notes
2-1-Reports of speeches by representatives of political parties and groups and their supporters
2-1-1- Statements made by the French Superior Audiovisual Council
The French Superior Audiovisual Council draws up a tally of speaking time and airtime for political parties and groupings and their supporters, as recorded on the following services:
- TF1 ;
- France 2 ;
- France 3 for its national program;
- Canal+ for its free-to-air programs;
- M6 for its national program.
2-1-2- Statements made by television service editors
The following television service editors provide the French Superior Audiovisual Council, for the period from February 1 to 15, 2008 and on a weekly basis thereafter, with statements of the speaking times of political parties and groupings and their supporters on their airwaves:
- France 3 for its regional and local programs;
- France 5 for its entire program;
- Réseau France overseas France for its regional programs and for France Ô ;
- LCI ;
- I-Télé ;
- BFM TV.
Other television services provide the French Superior Audiovisual Council, at its request, with all information relating to the speaking time of representatives of political parties and groupings and their supporters.
2-1-3- Statements made by radio services
The following radio service editors shall provide the French Superior Audiovisual Council, for the period from February 1 to 15, 2008, and on a weekly basis thereafter, with statements of the speaking times of political parties and groupings and their supporters on their airwaves:
- BFM ;
- Europe 1 ;
- Radio Classique ;
- Radio France (France Info, France Inter, France Culture, France Musiques and local radio stations of France Bleu);
- overseas France network;
- RMC info ;
- RTL.
The other radio services provide the French Superior Audiovisual Council, at its request, with all information relating to the speaking times of political figures.
2-2- Transmission of other information
Radio and television services shall provide the French Superior Audiovisual Council, at its request, with all information required, in particular for the investigation of submissions of a case before the court.
The companies mentioned in 2-1-2 and 2-1-3 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 - Accessibility of programs for the deaf or hard of hearing
The companies referred to in 2-1-1 shall ensure that the main election-related programmes shown during prime time are accessible (by subtitling or sign language) to the deaf or hard-of-hearing.
4 - Employees of candidate television and radio services
Until the opening date of the official election campaign, employees of television and radio services who are candidates must ensure that any on-air or on-screen interventions they 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 shall refrain from appearing on air or speaking on the 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 cantonal or municipal election, or whose title or content is 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 the election, 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 in mainland France. The same applies in overseas France before the last polling station in each of the departments concerned has shutdown.
Radio and television services must refrain from broadcasting any information likely to give an indication of the outcome of the vote before the closing of the last polling station.
Television services covering electoral events on polling day in mainland France are invited, no later than five minutes before the close of the last polling station, to show the time on screen to the nearest second.
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 day of the vote.
5-4- Right of reply
In accordance with article 6 of the amended law of July 29, 1982 on audiovisual 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 are required to respect the principles laid down in the case law of the election judge.
In particular, they must not show any defamatory, insulting or misleading statements, or any 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, November 13th 2007
For the French Superior Audiovisual Council,
The Chairman,
Michel BOYON