Translation with SYSTRAN Links

Recommendation n° 2016-2 of September 7th, 2016 of the Superior council of audio-visual to the services of radio and television for the election of the President of the Republic

Publication date: Thursday, September 8, 2016


The Superior council of the audio-visual one,

 

Considering the Constitution, in particular its article 5;

Considering the law n° 62-1292 of November 6th, 1962 relating to the election of the President of the Republic by the universal suffrage modified by the organic law n° 2016-506 of April 25th, 2016 of modernization of the rules applicable to the presidential election;

Considering the law n° 86-1067 of the modified September 30th, 1986 relating to the freedom of communication;

Considering the decree n° 2001-213 of the bearing March 8th, 2001 modified application of the law n° 62-1292 of November 6th, 1962 relating to the election of the President of the Republic to the universal suffrage;

Considering the deliberation n° 2011-1 of the Superior council of audio-visual of January 4th, 2011 relating to the principle of political pluralism in the services of radio and television in election time;

Considering the opinion n° 2016-4 of the Constitutional council of August 4th, 2016;
After having deliberated on it,

Adopt the following recommendation:

 

The Council adopted on January 4th, 2011 a deliberation applicable to the services of radio and television in election time. The present recommendation supplements this deliberation. It applies to the whole of the services of radio and television, whatever their mode of diffusion by very proceeded of electronic communication, starting from February 1st, 2017

It does not apply to the services which, exclusively accessible by transportation route to the public online, are devoted to the electioneering propaganda of the candidates or of political trainings which support them.

 

1. RULES APPLICABLE TO THE TREATMENT OF THE ELECTORAL NEWS

1.1. Periods of application

Pursuant to the decree n° 2001-213 of March 8th, 2001, the countryside for the election of the President of the Republic is opened, for the first turn, as from second Monday preceding the first turn of the poll and, for the second turn, as from the day of the publication to the Official journal of the names of the two candidates entitled to present itself.

Prior to the electoral campaign, the present recommendation founds:

  • a first period going of February 1st, 2017 until the day day before of the publication to the Official journal of the list of the candidates established by the Constitutional council;
  • one second period going of the day of the publication to the Official journal of the list of the candidates established by the Constitutional council until the opening day before of the electoral campaign.

1.2. Concepts of candidate and support

1° During the first period, the Council understands by:

  • declared candidate: any person who publicly expressed her will to contribute to the election, even by matching it of conditions;
  • supposed candidate: any person who collects public and significant supports in favour of her candidature.

2° During the second period and the electoral campaign for first turn of the poll, is regarded as candidates the people whose name is reproduced on the list drawn up by the Constitutional council and, for the second ballot, the two people entitled to present itself.

3° is regarded as support any person who explicitly invites to vote in favour of a candidate.

1.3. Interventions of the candidates and their supports

1° the time speaking understands all the interventions of a candidate, except so of the exceptional circumstances result in not entering them, as well as the interventions of support for its candidature.

2° If the President of the Republic is candidate stated or supposed, all its interventions concerned with the political debate are, except exceptional circumstances aimings with the 1°, taken into account. Those which concern the exercise of its load are not taken into account.

3° When a candidate declared or supposed or a support is invested civil services, its interventions are taken into account if they can affect the poll, in particular if they contribute to make an assessment of the last action or if they expose the elements of a program. 

4° the critical remarks made against one or several candidates are taken into account in the only case where them author supports another candidate explicitly. These interventions are included in the speaking time of the candidate to whom this support is brought.

5° the time of antenna understands the speaking time of a candidate, the interventions of support for its candidature and the whole of the sequences which are devoted to him, since they are not explicitly unfavourable for him. 

The political leading articles and comments, the press reviews, the debates joining together of the journalists, of the experts or other people, the analyses and the presentations of opinion polls are taken into account in the time of antenna when, essentially of their duration, they concern only one candidate and are not explicitly unfavourable for him.

1.4. Presentation and access to the antenna

1° During the first period, the editors take care that the candidates declared or supposed and their supports profit from a presentation and an equitable access to the antenna.

The principle of equity must be respected on the whole of this period at the same time for the speaking time and the time of antenna. He is taken account of the nature and the schedule of the emissions.

To appreciate the respect of the principle of equity, the Council takes account, on the one hand, of the representativeness of the candidate declared or supposed and, on the other hand, of his capacity to express the intention to be candidate.

The representativeness of the candidate rests in particular on:

  • results got with the most recent elections, i.e. those which were held since the previous election of the President of the Republic, including this one, by the candidate or the parties and political groupings which support it;
  • the number and categories of elected officials whose the parties can be prevailed and groupings political which support the candidate;
  • indications of opinion polls carried out and published in accordance with the law.

The capacity to express the intention to be candidate rests in particular on:

  • the designation of a financial agent;
  • the organization of public meetings;
  • displacements and visits of ground;
  • the exposure to the public by any means of communication, including the social networks, of the person of the candidate and the elements of a political program;
  • the participation in debates.

2° During the second period, in accordance with I (a) of article 3 of the law of the n° 62-1292 of November 6th, 1962 relating to the election of the President of the Republic by the universal suffrage, the editors take care that the candidates and their supports profit from a presentation and an equitable access to the antenna under comparable conditions of programming.

The principle of equity must be respected on the whole of this period at the same time for the speaking time and the time of antenna.

To appreciate the respect of this principle, the Council takes account, on the one hand, of the representativeness of the candidate and, on the other hand, his contribution to the animation of the electoral debate.

The representativeness of the candidate rests in particular on:

  • results got with the most recent elections, i.e. those which were held since the previous election of the President of the Republic, including this one, by the candidate or the parties and political groupings which support it;
  • the number and categories of elected officials whose the parties can be prevailed and groupings political which support the candidate;
  • indications of opinion polls carried out and published in accordance with the law.

The contribution of the candidate to the animation of the electoral debate rests in particular on:

  • the organization of public meetings;
  • displacements and visits of ground;
  • the exposure to the public by any means of communication, including the social networks, of the person of the candidate and the elements of a political program;
  • the participation in debates.

3° During the electoral campaign, the editors take care, in accordance with I (a) of article 3 of the law n° 62-1292 of the above mentioned November 6th, 1962, so that the speaking times and the times of modulated antenna to the candidates and to their supports are equal under comparable conditions of programming.

In the sight of second turn of the poll, the principle of equality must be respected as from Monday following the first turn until Friday included previous the second turn.

4° the Council understands by comparable conditions of programming, for each time slot detailed hereafter, the presentation and the access to the antenna of the candidates and their supports within a share, data transmission and in addition, other emissions of the programs:

  • slice of the morning: 6:00 - 9h30;
  • slice of the day: 9:30 - 18h;
  • slice of the evening: 18:00 - 24h, and during this one, concerning the television services general practitioners, the data transmission diffused between 19:30 and 21:00;
  • slice of the night: 0:00 - 6h.

 

2. RULES APPLICABLE TO THE STATEMENT OF THE SPEAKING TIMES AND TIMES OF ANTENNA

2.1. Statement of the speaking times and times of antenna 

1° During the first period, the second period and the electoral campaign, the editors raise the speaking times and times of antenna of the candidates and their supports in the whole of their programs. 

2° During the first period, raised times are cumulated since February 1st, 2017 until the day which precedes the publication date by the list of the candidates established by the Constitutional council.

3° During the second period, raised times are cumulated since the publication date of the list of the candidates drawn up by the Constitutional council until the day day before first of the electoral campaign.

4° During the electoral campaign which precedes the first turn of the poll, raised times are cumulated since the first day of the countryside until Friday included preceding the first turn.

5° During the electoral campaign which precedes the second turn by the poll, raised times are cumulated since Monday following the first turn of the poll at Friday included preceding the second turn.

6° During second period and electoral campaign, when the speaking times and times of antenna are raised in a program which extends on two time slots, they are deducted in the slice in which more half of the duration of this program is diffused.

2.2. Transmission and publication of the speaking times and times of antenna

1° the following editors transmit by electronic way to the Council the statement of the speaking times and times of antenna of the candidates and their supports:

  •  TF1;
  • France Televisions (France 2, France 3 for its regional national plan and its programs, France 4, France 5, France Ô, Franceinfo: , Overseas 1st radio and television);
  • Channel + for its program in light;
  • M6;
  • BFM TV;
  • CNews;
  • LCI;
  • C8;
  • RMC Discovered;
  • Radio France (France Inter, France Info, France Culture, France Musique, France Blue);
  • RTL;
  • Europe 1;
  • RMC;
  • BFM Business;
  • Radio operator Classic;
  • Radio operator south.  

2° For each period mentioned hereafter, the transmission of the speaking times and times of antenna takes place at the following dates:

 

Raised period

Go back to transmission

First period

Speaking time
+ time of antenna

From February 1st to February 12th

From February 1st to February 19th

From February 1st to February 26th

From February 1st to March 5th

From February 1st to March 12th

Of February 1st the day before the publicationde the list of the candidates

February 13th

February 20th

February 27th

March 6th

March 13th

Shortly after the publication of the list of the candidates

Second period

Speaking time
+ time of antenna

Day of the publication of the list of the candidates at March 26th

Day of the publication of the list of the candidates at April 2nd

Day of the publication of the list of the candidates the day before the opening of the electoral campaign

March 27th

April 3rd

April 10th

First turn

Speaking time
+ time of antenna

From April 10th to April 16th

From April 10th to April 21st

April 17th

Each day

Second turn

Speaking time
+ time of antenna

From April 24th to April 30th

From April 24th to May 5th

May 1st

Each day

 

Raised times are cumulated on the whole of the period concerned on each date of transmission.

3° the editors note and transmit to the Council the relative data at the speaking times and times of antenna of the candidates and their supports according to the conditions, in particular of periodicity and format, that the Council determines. 

4° the other editors communicate to the Council, its request, all the elements relating to the statements of the speaking times and times of antenna of the candidates and their supports for the period that it indicates to them.

5° the statements transmitted by the editors are published on the website of the Council. As from the publication of the list of the candidates, the Council publishes, in accordance with I (a) of article 3 of the law n° 62-1292 of the above mentioned November 6th, 1962, at least once by week, the statement of the speaking times and times of antenna of the candidates and their supports.

2.3. Conservation and transmission of other data elements

The editors preserve the recordings audio and video programs diffused during the period covered by the present recommendation and, if necessary, communicate them to the Council.

 

3. RULE APPLICABLE TO THE ANNOUNCEMENT OF THE RESULTS

In accordance with the article L. 52-2 of the electoral code, no result, partial or final, can be communicated to the public, by some means that it is, in the departments and the communities of overseas before the closing of the last polling station on the territory of the Republic.

 

The present recommendation is applicable on the whole of the territory of the Republic.

It will be published in the Journal officiel de la République française.

 

Fact in Paris, on September 7th, 2016.

For the Superior council of the audio-visual one

The president,

O. SCHRAMECK

Learn more

Key dates

  • 1955 - First broadcast simultaneously on radio and TV official countryside at the time of the legislative elections

  • 1965 - First broadcast simultaneously on radio and TV official countryside for the presidential election

  • November 12th, 1969 - Adoption by the Board of directors of the ORTF of a directive which poses the principle of a pluralist access to the antenna

  • 1982 - Creation of the High ranking authority of the audio-visual communication (HACA)

  • 2000 - Definition by the Superior council of audio-visual of the “principle of reference as regards pluralism”