Key Benefits:
The Conseil supérieur de l' audiovisuel,
In view of the amended Act No. 86-1067 of 30 September 1986 on freedom of communication, in particular Articles 15, 28 and 42;
In view of Decision No. 92-815 of 2 September 1992, renewed by Decision No. 97-537 of 4 March 1997, and by Decision No. 2002-72 of 12 February 2002, published in the Official Journal of 16 March 2002, authorising the SAPRODIF company to operate a sound broadcasting service In frequency modulation called FM Mediterranean;
Given the agreement signed on 17 September 2002 between the SAPRODIF company and the Conseil supérieur de l' audiovisuel, in particular Articles 7 and 21;
In view of Recommendation n ° 2003-2 of 18 March 2003 of the Conseil supérieur de l' audiovisuel to all television and radio services relating to the conflict in the Middle East, published in the Official Journal of 21 March 2003, calling for the attention of the editors of radio and radio services. Television on the need " to deal with the necessary weighting and rigour the subjects likely to fuel tensions and antagonisms within the population or to train, towards certain communities or countries, Attitudes of rejection or xenophobia ";
In view of the transcripts of the" Tribune libre " programmes of 5 September, 10 October and 24 October 2004 broadcast on the Mediterranean FM antenna;
Considering that, pursuant to Article 15 of the Law of 30 September 1986, as amended, the Conseil supérieur de l' audiovisuel ensures that the radio and television programmes do not contain any incitement to hatred or violence on the grounds of sex, morals, religion or Nationality;
Considering that, pursuant to Article 42 of the Act of 30 September 1986, as amended, the Conseil supérieur de l' audiovisuel may continue to respect the obligations imposed on it by the legislative texts and And by the principles set out in Article 1 thereof;
Whereas, pursuant to Article 21 of the above Convention, the Conseil supérieur de l' audiovisuel may establish a sound broadcasting service to respect The obligations imposed on it by the Convention;
Considering that it is clear from Article 7 of the Convention that it is forbidden to program broadcasts contrary to laws, public order, good morals or the security of the country ;
Considering that the following statements were made at the "Tribune libre" program on September 5, 2004, both by the facilitator and by listeners:
" The story of the rabbi who is self-associated, the history of the high school that burned, all the Major acts which have moved France, which have led to the removal of the President of the Republic, the Prime Minister and the ministers who have moved, are acts of self-mutilation or acts originating from the community which undergoes other places of the Anti-Semitic acts, but the most serious acts, it is clear that they are the fruit of their own children, and that is not enough to say. Because the reprehensible acts, which must be condemned, insults or words, are less serious than acts of passage to the act, and it has been found that acts of passage to the act come from the Jewish community itself in their Majority, in any case for recent events [...] ";
" There is a college, high school ... Good, a temple of Jewish private knowledge, despite the decree of ... It is a mayor of the suburbs of Paris, in the Val-d ' Oise, who ordered the closure of this establishment because, of one, it was declared to the sub-prefecture, there is the whole administration ... No administration was aware, no building permits were given, and despite that there were courses that started. They were told to stop but who are required and who say (sic) " we will resume, despite the scaffolding, despite the electrical wires that pend, nothing secure. For me, it's a sign of power, of position, and they do what they want [...] ";
" I say, the Zionist ideology, because that's the ideology of crime. It is the ideology of racism, it is the ideology of apartheid, and you have only to see daily for forty-eight years what is happening, well, it is too much. It is necessary, even if we are called all possible and imaginable names, but we must never give up in the struggle against Zionist ideology and Zionism itself [...] ";
" [...] And then I sold lots of photos to send At M. Chirac, huh. You had to see, Taoufik, how I was insulted by Jews [...] ";
" What is still serious, too, what you talked about earlier, about the diversion of money in France and laundered in Palestine by the entity Zionist is just the tip of the iceberg. There are billions that are turned away every year by Zionist, pro-Zionist and extremely dangerous Zionists, who seek to harm the French state in order, effectively, to encourage the Zionist entity to kill and massacre Palestinians. "
" [...] Because it's too easy: right now it's a mental disturbance when it's a Jew, but as soon as it's a Maghrebin, it's a thug, a criminal. ";
Considering that the following statements were made during the October 10, 2004" Tribune Libre "program, both by the facilitator and by listeners:
" [...] As long as there are no Jews or children of privileged families who are killed, It doesn't touch them. "Question by Sylvia Cattori:" What is Israel's share of this desire for domination? Shamir's response: " It is not Israel that directs, it is American Jewish leaders and all those who, in the United States, adhere to their ideas. They are the source of the great woes we know today [...]. " "
" [...] This is what you are experimenting with in France and everywhere else where Jewish ideas are needed. And we're experimenting with it here as well. We point out here some aspects that need to be connected. Jews have bad beliefs, especially the one who says that a non-Jew should not be treated as his own neighbour. This idea has come to an end in the way of managing the affairs of society in general. Also, an important part of this Jewish paradigm is to suggest that all other religions must be fought. I learned that in Iraq the Americans will publish new school books where all references to the Koran will be banned. "
" [...] " You want to say that Bush's pro-Israeli advisers have been linked to this decision? Shamir's response: " The Jews are the source of this idea. It is not about being born with certain genes or chromosomes, not, it is an ideal to which one adheres or not. These people who supported the war in Iraq are followers of Levi-Strauss [...] of the University of Chicago. Lévi-Strauss is a very influential Jewish thinker who has made school in these neo-liberal circles. He has spread the idea that it is necessary to fight Islam and Christianity. ";
Considering that the following statements were made during the October 10, 2004" Free Tribune "program, both by the facilitator and by listeners:
" [...] MR. Mathlouthi, for me Zionism is a classified and so-called ideology On the far right. It is based on racial, cultural and religious discrimination. Zionism has been thought and has always acted to impose injustice and hatred, and its ultimate goal is to distort the truth, which really happened in Palestine.... " "
" Well, yes, Israel, the Zionist entity is an entity Racist based on the superiority of the Jewish race, and that is a reality. "
" [...] It's a law that comes back into a process, I talked to you a few years ago, we are, sir, in a system of spirits Zionization. Even so, I would go so far as to say that some institutions are Zionist. So I hope I've been well understood... " " Thank you, Ahmed. Good afternoon. "
" [...] Because there is an extraordinary fear of the Zionist lobby, so we are not afraid and we say it loud and clear: you have to stand up to the Zionist lobby, here in France, you have to stand up and not be afraid of this ogre that wants Eat our area of freedom. For if we no longer have freedom, we must put the chains, and, in this case, we must be closed for centuries because we will be slaves and we shall have our Zionist masters who will order us to the finger and to the eye
" [...] Ginzburg was cited as a defence witness and he proclaimed under oath that a Jew could not be prosecuted for the murder of a non-Jew, for the commandment "Thou shalt not apply only to the Jews, he said ...". "
" [...] And he adds: " Killing a non-Jew is at worst a crime. That is. And he says, "because it is impossible to compare the blood of a Jew and the blood of a non-Jew [...]." "
" [...] There are even books that say that killing a non-Jew is like killing a chicken or a cow, so no problem of consciousness, Because it's not a Jew, so it's not really a human being. "
" [...] It's to tell you how much weight, the media weight they have. They no longer hide even more [...]. " "
Considering that both the facilitator and the listeners have made statements that incite racial hatred;
Considering that such statements are contrary to the provisions of Articles 23 and 24 of The law of 29 July 1881 on freedom of the press which prohibits those who, by means of an audiovisual communication, " have caused discrimination, hatred or violence against a person or group of persons Of their origin or of belonging or non-belonging to an ethnic group, nation, race or religion "; that SAPRODIF has therefore failed to comply with Article 7 of its Convention prohibiting it from disseminating Programmes contrary to the laws;
Considering that these statements also disregard the provisions of Article 15 of the Act of 30 September 1986 as amended and of the recommendation of 18 March 2003, in that they constitute incitement to hatred and Violence for reasons of race, sex, morals, religion or nationality and show a lack of weight and rigour on an issue that could fuel tensions and antagonisms within the population, or Train, towards certain communities or countries, attitudes of rejection or xenophobia,
Decides:
The SAPRODIF company is required to comply with section 15 of the amended Act of September 30, 1986. 7 of the agreement signed between the SAPRODIF company and the Conseil supérieur de l' audiovisuel and recommendation n ° 2003-2 of 18 March 2003 of the Conseil supérieur de l' audiovisuel.
This decision will be notified to the company SAPRODIF and published in the Official Journal of the French Republic.
Done at Paris, December 17, 2004.
For the Audio-Visual Higher Council:
The President,
D.
Baudis
