Recommendation no. 2018-02 of July 18, 2018 from the French Superior Audiovisual Council to radio and television services in view of the consultation on New Caledonia's accession to full sovereignty.

The French Superior Audiovisual Council,

Having regard to Organic Law no. 99-209 of March 19, 1999 relating to New Caledonia, in particular article 219 ;

Having regard to Organic Law n° 2018-280 of April 19, 2018 relating to the organization of the consultation on the accession to full sovereignty of New Caledonia;

Having regard to the electoral code,

Having regard to Law no. 86-1067 of September 30, 1986 on freedom of communication, in particular articles 1, 3-1, 13, 14 and 16;

Having regard to Decree no. 2018-457 of June 6, 2018 convening the electorate and organizing the consultation on New Caledonia's accession to full sovereignty;

Having regard to the opinion of the Government of New Caledonia issued on July 17, 2018;

After deliberation;

Adopts the following notice applicable to all radio and television services, as of September 24, 2018.

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

1. News coverage

1.1. Application periods

Pursuant to Decree no. 2018-457 of June 6, 2018 on the convocation of voters and the organization of the consultation on the accession of New Caledonia to full sovereignty, the campaign for the consultation opens on Monday, October 22, 2018, at zero hour, and closes on Friday, November 2, 2018, at midnight.

Prior to the consultation campaign, this notice establishes a period running from Monday, September 24, 2018 until the day before the opening of the consultation campaign, Sunday, October 21, 2018.

1.2. News related to the consultation

During each of these two periods, the following schemes apply:

1° Radio and television services shall ensure that parties and groupings enjoy fair presentation and access to the airwaves. Where appropriate, they shall also ensure that they give a fair account of the plurality of positions expressed within a given political party or grouping.

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

3° In accordance with the jurisprudence of the Conseil d'Etat, any statements made 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 on the accession of New Caledonia to full sovereignty, 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 statements and writings by representatives of political parties and groupings and 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° Television services must systematically indicate the origin of images when they do not come from the service editor himself.

7° Radio and television services must ensure that the use of audiovisual archives concerning 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.

1.3. News not related to consultation

With regard to news coverage not related to the consultation, radio and television services continue to apply French Superior Audiovisual Council deliberation no. 2017-62 of November 22, 2017 on the principle of political plurality.

2. Statements of interventions

2.1. Reporting of interventions by radio and television services

The following radio and television services transmit to the French Superior Audiovisual Council, by electronic means, statements of speaking time by representatives of political parties and groupings and persons not affiliated to political parties and groupings:

• Nouvelle-Calédonie La 1re (radio and television) ;
• Caledonia ;
• NC9 ;
• Fréquence Nord FM ;
• NRJ Nouvelle-Calédonie ;
• Océane FM ;
• Radio Baie des Tortues ;
• Radio Djiido ;
• Radio Rythme Bleu (RRB);
• Radio Hmelöm.

They carry out this transmission according to the following schedule:

1st period (September 24 to October 21, 2018):

2nd period (October 22 to November 2, 2018) :

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 time of political parties and groupings and of persons not affiliated to 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 necessary for the investigation of any submissions of a case before the court, in particular airtime.

Radio and television services shall keep at the disposal of the French Superior Audiovisual Council, for a period expiring four weeks after the end of the period of application of the present notice, the recordings of the programmes shown during the latter.

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

France Télévisions, for the radio and television services Nouvelle-Calédonie La 1re, ensures that the main programs devoted to current affairs and consultation, shown at peak times, are accessible to the deaf or hard-of-hearing (by adapted subtitling or sign language).

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 before the last polling station has shutdown.

Radio and television services shall refrain from diffusing any information likely to give an indication of the outcome of the vote 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 Journal officiel de la République française and the Journal officiel de la Nouvelle-Calédonie.

Paris, July 18, 2018.

For the French Superior Audiovisual Council :

Le président,

O. Schrameck