A censorship power over all
radio and television broadcasts
August 21, 2004
Source: the daily newspaper "Voltaire."
Since July 9, 2004, the High Council for Audiovisual (CSA) has held new powers of censorship over all radio and television broadcasts, regardless of their mode of transmission. Henceforth, French law treats differently what is said in written press and in spoken media—television or radio.
What does this mean?
Until now, publication was free, with insults and defamation subject to legal action after the fact. However, pressure could still be exerted through the allocation of frequencies when information was broadcast 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 have gradually been implemented over the past four years.
The CSA, the High Council for Audiovisual, 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 power 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 for transmission and have a few months to comply. After that, the CSA will have the authority to revoke this authorization at any time.
The CSA's task will be to censor anything it deems contrary to respect for human dignity, the pluralism of thought and opinion, and anything that undermines the preservation of public order and national defense needs.
Thus, the CSA will replace the courts and may impose fines. The 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 is placed in the preamble of the French Constitution.
Nothing has changed for publishers of printed press, who remain accountable only after the fact. The situation is entirely different for television or radio broadcasters, who risk having their transmissions banned at the CSA's discretion, without trial, and may only appeal to the Council of State, which will take as much time as it deems necessary to rule.
We should also note that the CSA has no coercive authority over content transmitted from foreign satellites, 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 is responsible for ensuring that programs contain no incitement to hatred or violence based on sex, 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 held by the Bush and bin Laden families. According to the daily newspaper Voltaire, in April 2002, Mr. Baudis allegedly abused his powers as CSA president by writing to France-Télévision to dissuade it from inviting Mr. Meyssan, on the grounds that he was spreading "obviously false information."
My personal comment:
It concerns the passage highlighted in red. What exactly does "disturbing the preservation of public order" mean? Who decides what is "harmful to national defense needs"? It seems to me that with such clauses, any statement could be threatened with censorship.
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