Recommendation no. 2016-1 of May 11, 2016 from the French Superior Audiovisual Council to radio and television services with a view to consulting voters in the communes of Loire-Atlantique on the proposed streaming of Nantes-Atlantique airport to the commune of Notre-Dame-des-Landes on June 26, 2016.

The French Superior Audiovisual Council,

Having regard to the electoral code ;

Vu le code général des collectivités territoriales ;

Having regard to the Environment Code;

Having regard to Act no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular articles 1, 3-1 and 13;

Having regard to Act no. 77-808 of July 19, 1977, as amended, on the publication and diffusion of certain opinion polls, in particular article 11;

Having regard to order no. 2016-488 of April 21, 2016 relating to local consultation on projects likely to have an impact on the environment;

Having regard to decree no. 2016-491 of April 21, 2016 relating to local consultation on projects likely to have an impact on the environment;

Having regard to decree no. 2016-503 of April 23, 2016 relating to the consultation of voters in the communes of Loire-Atlantique on the proposed streaming of Nantes-Atlantique airport to the commune of Notre-Dame-des-Landes ;

After deliberation,

Adopts the following notice applicable to all radio and television services shown in the Loire-Atlantique département:

This notice applies as of June 6, 2016.

It does not apply to services which, exclusively accessible via online public communication, are dedicated to the propaganda of political parties and groupings.

1. Treatment of news

1.1. News related to consultation

1° Radio and television services ensure that political parties and groupings have fair presentation and access to the airwaves. When they report on the plurality of positions within political parties and groupings, they also ensure that they do so under fair conditions.

2° Radio and television services shall ensure plurality of opinion with regard to on-air access by persons not belonging to political parties and groupings.

3° In accordance with the jurisprudence of the Conseil d'Etat, any statements by the President of the Republic which, by virtue of their content and context, fall within the scope of the political debate linked to the consultation of voters in the communes of Loire-Atlantique, in particular those which involve the expression of support for a political party or grouping, are the subject of a separate statement. Publishers take this into account, ensuring that other political parties or groupings have fair access to the airwaves in return.

4° The reports, comments and presentations to which the consultation gives rise must be presented by the editorial staff with a constant concern for moderation and honesty.

5° Radio and television services must ensure that the choice of extracts from the statements and writings of representatives of political parties and groupings and of persons not affiliated with political parties and groupings, as well as the comments to which they may give rise, do not distort their general meaning.

6° Radio and television services must systematically indicate the origin of images when they do not come from the provider of radio itself.

7° Radio and television services shall ensure that the use of audiovisual archives containing images of 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 consultation

With regard to news coverage not related to the consultation, radio and television services continue to apply Conseil Supérieur de l'Audiovisuel deliberation no. 2009-60 of July 21, 2009 on the principle of political pluralism, which makes provision for pluralism in the treatment of local or regional political news in local or regional diffusion programs, taking into account local or regional balances.

2. Speeches

2.1. Reporting by radio and television services

The national program companies France Télévisions, for the France 3 Pays de la Loire service, and Radio France, for the France Bleu Loire Océan service, as well as the company N7TV, which publishes the local television service Télénantes, transmit to the French Superior Audiovisual Council statements of speaking time for political parties and groupings under the following conditions:

Other radio and television services provide the French Superior Audiovisual Council, at its request and for the period it specifies, with all information relating to the speaking times of political parties and groupings.

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 any submissions of a case before the court. Radio and television services shall keep at the disposal of the Conseil Supérieur de l'Audiovisuel, for a period expiring four weeks after the end of the period of application of the present notice, recordings of the programmes shown during that period.

3. Program accessibility for the deaf and hard-of-hearing

France Télévisions, for the France 3 Pays de la Loire service, ensures that deaf or hard-of-hearing people have access (via adapted subtitling or sign language) to the main programs devoted to consultation news shown at peak times.

4. Reminder of legal obligations

4.1. 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, radio and television services must ensure that they do not show advertising messages likely to distort the sincerity of the vote. Advertising messages containing verbal or visual references to the challenges of the consultation may 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 consultation, or whose title or content are linked to the challenges of this consultation.

4.2. Electoral propaganda

In accordance with the second paragraph of article L. 49 of the French Electoral Code, from midnight on the eve of the ballot, 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. 52-2 of the French Electoral Code, no partial or definitive results of the vote may be communicated to the public by any means of electronic public communication before the last polling station has shut down. Radio and television services shall refrain from diffusing any information likely to give an indication of the outcome of the ballot before the closing of the last polling station.

4.3. Polls

In accordance with article 11 of the amended law of July 19, 1977 relating to the publication and broadcasting 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.

4.4. 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.

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

Paris, May 11, 2016.

For the French Superior Audiovisual Council :

Le président,

O. Schrameck