A power of censorship over all radio and television broadcasts
August 21, 2004
Source: the newspaper “Voltaire”.
Since July 9, 2004, the Higher Council for Audiovisual Affairs (CSA) has gained new powers of censorship over all radio and television broadcasts, regardless of their mode of transmission. From now on, French law treats what is said in print media differently from what is said in broadcast media—television and radio.
What does this mean?
Until now, publication was free; insults and defamation could be dealt with by courts a posteriori. Nevertheless, pressure could 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 implemented for audiovisual media. Texts were adopted in June–early July 2004 that strengthened legal provisions which had begun to take effect four years earlier.
The CSA, the Higher Council for Audiovisual Affairs, consists of nine “wise persons” who are not elected but appointed by the three main figures of the State: the President of the Republic, the Prime Minister, and the Interior Minister. These “wise persons” have the power to ban any radio or television program, no matter how it’s transmitted—whether via radio waves, cable, satellite, or the Internet. All broadcasters must obtain prior authorization to transmit; they’ll have several months to comply. After that, the CSA can revoke this authorization at any time.
The CSA’s task is to censor anything it deems contrary to respect for human dignity, to the pluralistic nature of the expression of ideas and opinions, and anything that threatens the maintenance of public order and national defense needs.
Thus, the CSA replaces the courts and can impose fines. This entire arrangement clearly violates Article 11 of the Declaration of the Rights of Man and of the Citizen dated August 26, 1789, which appears in the preamble to the French Constitution.
Nothing changes for print media publishers, who are only accountable a posteriori. The situation is completely different for TV or radio broadcasters, who risk having their transmission rights revoked at the CSA’s discretion, without any trial; they may appeal to the Council of State, which will then take as much time as it sees fit to rule.
It should also be noted that the CSA has no coercive power over content originating from foreign satellites, which users can receive via their satellite dishes.
A second law was published in the Official Gazette on Friday, July 9, reminding the CSA that it must ensure that programs contain no incitement to hatred or violence based on gender, morals, religion, or nationality.
The president of the CSA is Dominique Baudis. He represented in France the interests of the Carlyle Group, an investment fund shared by the Bush and bin Laden families. In April 2002, according to the newspaper Voltaire, Mr. Baudis allegedly abused his authority as CSA president to write to France-Télévision, urging them to stop inviting Mr. Meyssan, claiming he spread “clearly false information.”
My personal comment:
It concerns the passage highlighted in red. What does “threatening the maintenance of public order” mean? Who decides what is “harmful to national defense needs”? It seems to me that such clauses allow one to threaten any kind of speech.
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