The censorship power of the CSA, the High Audiovisual Council
A censorship power over all
radio and television broadcasts
August 21, 2004
Source: the daily newspaper "Voltaire."
Since July 9, 2004, the High Audiovisual Council (CSA) has held new censorship powers over all radio and television broadcasts, regardless of their mode of transmission. Henceforth, French law treats written press content differently from spoken media—television or radio.
What does this mean?
Until now, publication was free, with insults and defamation subject to legal action a posteriori. However, pressure could still be exerted through the allocation of frequencies when information was transmitted via radio waves. For the past month, a system of prior censorship has been established for audiovisual media. Texts adopted in June and early July 2004 have strengthened legal provisions that had gradually been put in place over the past four years.
The CSA, the High Audiovisual Council, consists of nine "wise men" who are not elected but appointed by the three main figures of the state: the President of the Republic, the Prime Minister, and the Minister of the Interior. These "wise men" have the authority to ban any radio or television program, regardless of its transmission method (radio waves, cable, satellite, or Internet). All broadcasters must now obtain prior authorization to transmit and have a few months to comply with regulations. After that, the CSA will have the power at any time to revoke their broadcasting license.
The CSA's task will be to censor anything it deems contrary to the respect for human dignity, the pluralism of thought and opinion, and anything that disturbs the preservation of public order or the nation's defense needs.
Thus, the CSA replaces the courts and can impose fines. This entire system is clearly contrary to Article 11 of the Declaration of the Rights of Man and of the Citizen of August 26, 1789, which serves as the preamble to the French Constitution.
Nothing has changed for publishers of printed press, who remain accountable only a posteriori. The situation is entirely different for television or radio broadcasters, who risk having their transmission banned at the CSA’s discretion, without any judicial review, and may only appeal to the Council of State—which will then take as long as it deems necessary to rule.
We should also note that the CSA has no coercive power over foreign satellite transmissions, which viewers can receive via their satellite dishes.
A second law was published in the Official Journal on Friday, July 9, reminding the CSA that it must ensure programs contain no incitement to hatred or violence based on gender, race, religion, or nationality.
The president of the CSA is Dominique Baudis. He represented in France the interests of the Carlyle Group, a fund jointly owned by the Bush and bin Laden families. According to the daily newspaper Voltaire, in April 2002, Mr. Baudis abused his powers as CSA president by sending a letter to France-Télévision discouraging them from inviting Mr. Meyssan, on the grounds that he was spreading "obviously false information."
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My personal comment:**
This refers to the passage highlighted in red. What exactly constitutes "disturbing the preservation of public order"? Who decides what is "harmful to national defense needs"? It seems to me that with such vague clauses, any statement could be threatened with censorship.
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