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2007 Assessment

France: Integrity Indicators Scorecard

France: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	100
7	Are citizens able to form broadcast (radio and TV) media entities?	75
8	Can citizens freely use the Internet?	75
9	Are the media able to report on corruption?	83
10	Are the media credible sources of information?	65
11	Are journalists safe when investigating corruption?	100

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments:

References: Déclaration des Droits de l'Homme et du Citoyen of 1789, article 11, [ LINK ]

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments:

References: Déclaration des Droits de l'Homme et du Citoyen of 1789, article 11, [ LINK ]

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments: No print media licence is required.

References: Ministry of Foreign Affairs, La liberté d'expression dans les médias en France, October 2006, [ LINK ]; Direction du Développement des médias, Aides à la presse écrite, [ LINK ]

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: No licence is necessary.

References: Law of July 29, 1881 (in particular articles 1, 2, 5), [ LINK ]

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments: No print media licence is required.

References: Law of July 29, 1881 (in particular articles 1, 2, 5), [ LINK ]

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments: No print media licence is required.

References: Law of July 29, 1881 (in particular articles 1, 2, 5), [ LINK ]

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments:

References: Ministry of Foreign Affairs, La liberté d'expression dans les médias en France, October 2006, [ LINK ]; Amélie Blocman, Retrait d'autorisation démettre sans mise en demeure préalable du CSA, Légipresse, 2006, [ LINK ]

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments:

References: Law 86-1067 of Sept. 30, 1986 as amended by Law 2006-396 of March 31, 2006, [ LINK ]

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments: As an example, in the FM 2006 operation (renewal of radio licences ending in 2006), authorizations were delivered in an eight-month period following the application deadline.

References: Conseil Supérieur de l'Audiovisuel:

Rapport d'Activité 2005, [ LINK ]; Les autorisations, 2007, [ LINK ]

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments:

References: Direction du Développement des médias, Aides aux radios associatives, [ LINK ];

Conseil Supérieur de l'Audiovisuel: Rapport d'Activité 2005, [ LINK ]

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published online.

Score:

100

Comments: A law adopted in June 2004 places a heavy burden on internet services providers. They are required to judge the legality of the published content and can be civilly and criminally liable for not blocking access to it, even before a court ruling has been issued regarding the content.

References: Reporters without borders, Internet Report 2004, France, [ LINK ]; Freedom House, France, 2006 Report, [ LINK ]; Law pour la confiance dans l'économie numérique of June 21, 2004, [ LINK ];

Constitutional Council, Cahiers, Decision 2004-496 DC of June 10, 2004, [ LINK ]

8b: In practice, the government does not censor citizens creating content online.

Score:

100

Constitutional Council, Cahiers, Decision 2004-496 DC of June 10, 2004, [ LINK ]

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments:

References: Law of July 29, 1881 (article 35 in particular), [ LINK ]

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments: There are reports that executives of media ownership/distribution groups, spontaneously or following unofficial instructions from politicians, make some attempts to control or restrict media coverage of sensitive issues.

References: Les journalistes du « JDD » dénoncent « une censure inacceptable » de M. Lagardère, May 16, 2007, [ LINK ] Syndicat National des Journalistes, Le 5 novembre, journalistes et citoyens ensemble, 1st January 2007, [ LINK ] Libération, Sarkozy, la main dans l'info, 27 June 2006

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments: There are reports that executives of media ownership/distribution groups, following unofficial instructions from politicians, make some attempts to control or restrict publication of sensitive issues.

References: Ministry of Foreign Affairs, La liberté d'expression dans les médias en France, October 2006, [ LINK ] Syndicat National des Journalistes, Le 5 novembre, journalistes et citoyens ensemble, 1st January 2007, [ LINK ] Libération, Sarkozy, la main dans l'info, 27 June 2006

Are the media credible sources of information?

10a: In law, print media companies are required to disclose their ownership.

Score:

YES

Comments:

References: Law of July 29, 1881, [ LINK ]

10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership.

Score:

YES

Comments:

References: Law 86-1067 of Sept. 30, 1986, [ LINK ]

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments: Editors and journalists generally abide by a code of conduct and avoid altering coverage of events. However, there are allegations that pressures or unofficial instructions sometimes lead them to sidestep their professional ethics.

References: Ian Hamel, Mainmise sur la presse tricolore, Lematin.ch, Jan. 27, 2007, [ LINK ];

Observatoire Français des Médias, Pour des médias soustraits à l'emprise des pouvoirs économiques et politiques, Oct. 3, 2006, [ LINK ] Syndicat National des Journalistes, Déontologie : les difficultés de lapplication, 27 October 2007, [ LINK ]

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments:

References: Conseil Supérieur de l'Audiovisuel, Election du Président de la République - Période intermédiaire : 20 mars / 8 avril 2007, April 8, 2007, [ LINK ];

Conseil Supérieur de l'Audiovisuel, Election du Président de la République - Emissions des campagnes officielles et temps relevés du 23 avril au 4 mai 2007, May 15, 2007, [ LINK ]

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments:

References: Ministry of Foreign Affairs, La liberté d'expression dans les médias en France, October 2006, [ LINK ]; Conseil Supérieur de l'Audiovisuel, Election du Président de la République - Période intermédiaire : 20 mars / 8 avril 2007, April 8, 2007, [ LINK ];

Conseil Supérieur de l'Audiovisuel, Election du Président de la République - Emissions des campagnes officielles et temps relevés du 23 avril au 4 mai 2007, May 15, 2007, [ LINK ]

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: There have been no mainstream and alternative media reports that journalists covering corruption have been imprisoned in France over the past year.

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments:

References: There have been no mainstream and alternative media reports that journalists covering corruption have been physically harmed in France over the past year.

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: There have been no mainstream and alternative media reports that journalists covering corruption have been killed in France over the past year.