On the video, published Tuesday, March 29, Gabriel Attal appears relaxed. The tie has fallen and the young Secretary of State presents himself smiling to mobilize the Macronist troops for the meeting of Emmanuel Macron in Nanterre, scheduled for April 2. From the first images, a banner leaves little room for doubt as to the function of the speaker, with the mention “spokesperson of the government”.
On April 2, everyone gathered around Emmanuel Macron in Paris! Sign up: https://t.co/PTt85aVBEY pic.twitter.com/8gl3EJDXEG
— Gabriel Attal (@GabrielAttal) March 29, 2022
During the “reserve period”, which started on March 18, the members of the government are invited not to use the means of the State in the context of the election campaign. Consequently, as a circular from the General Secretariat of the Government reminds us, “Ministers cannot intervene in the electoral campaign or provide support to a candidate when these ministers speak ‘officially’ as members of the government”.
Opponents of the President of the Republic did not miss the opportunity to denounce a mix of genres between government action and support for candidate Macron. “You have surely not received the circular from the General Secretariat of the Government on the reserve period of ministers and government communication”thus stung Senator LR Valérie Boyer.
Expensive @GabrielAttalyou are promoting Emmanuel’s meeting #Macron as Government Spokesperson. You have surely not received the circular from the General Secretariat of the Government on the reserve period of Ministers and government communication pic.twitter.com/ht5RYfPr2x
— Valerie Boyer (@valerieboyer13) March 29, 2022
The Electoral Code allows a minister to take part in the electoral campaign, but it also recalls in its article L. 52-1 that one “cannot use institutional means of communication for electoral propaganda purposes”, observes the lawyer Christophe Pichon, specialist in electoral law within the firm Cornet Vincent Ségurel. Article L. 52.8 adds that legal persons (apart from parties), therefore the State, cannot participate in the financing of a candidate’s electoral campaign by providing him with services.
Release had already pinned Gabriel Attal for having combined his roles as spokesperson and candidate support during various interviews, but this time it is the use of the Secretary of State’s Twitter account that raises questions. “In theory, the account used by the government spokesperson should be used to speak for the government, otherwise we are in violation”valued Christophe Pichon. “He has no right to mix the account of government spokesperson and a support account in the campaign, it does not seem possible to me”confirms the public law lawyer Louis le Foyer de Costil.
On the side of Gabriel Attal, we assure that everything is done in the rules. “Nothing prevents a minister in office from campaigning, participating in militant activities or having his title recalled on these occasions.responds to franceinfo the office of the Secretary of State. On the other hand, any use of State resources is prohibited. In this precise case, and as has been the case for other ministers and elected officials, Gabriel Attal relayed on his personal Twitter account a video produced by the campaign teams, as part of a campaign trip, financed by the campaign budget.
“No means of the State has thus been engaged, neither near nor far.”
Gabriel Attal’s officeat franceinfo
Same story on the side of Matignon, where we assure that on social networks, “the personal accounts of ministers – and not the accounts of ministries – can be used to disseminate messages considered as ‘militant’. But, here again, no means of the State must contribute to their realization, that it is material means (smartphone, computer, etc.) or human resources (community management provided by a member of the firm).” Several other ministers, such as Olivier Véran, Marlène Schiappa or Jean-Michel Blanquer, also use their accounts on social networks to campaign.
On March 11, the National Campaign Control Commission (CNCCEP) set a precedent by asking Emmanuel Macron not to use his Twitter account to campaign, “given the characteristics of the use of this Twitter account, used for a long time and in a preponderant way to relay messages relating to the exercise of his functions as President of the Republic”, according to the press release. In other words, since the Head of State has used his account to praise his government action for five years, he cannot suddenly transform it into a candidate’s account. In other countries, such as the United States, there are a dedicated account to the presidential office.
Since the alert from the Control Commission, Emmanuel Macron has therefore shown caution on his account and is content to refer to his @withyou campaign account. For their part, Valérie Pécresse, president of the Ile-de-France region, and Anne Hidalgo, mayor of Paris, have not stopped using their Twitter accounts. The CNCCEP judges “that we are in a dominant position, because Macron’s Twitter account has eight million subscribers”deplores Emmanuel Macron’s campaign team to the weekly Marianne.
According to specialists interviewed by franceinfo, the same rule should still apply to other candidates, such as ministers. “As the account is used in a predominant way and for a long time, it is preferable that Gabriel Attal refrains from using this account to campaigninsists‘attorney Christophe Pichon. We must not suggest that we have the contribution of a legal person, in this case the State, in the campaign.
“The principle is to say that you have to be extremely careful to avoid mixing genres and confusion.”
Christophe Pichon, electoral law lawyerat franceinfo
So what does Gabriel Attal risk by using his spokesperson account to campaign? “The National Control Commission will perhaps slap him on the knuckles… but here it is. I have a hard time seeing the Constitutional Council canceling a presidential election on a subject of this type”, answers Christophe Pichon. Asked, the CNCCEP has not yet responded to franceinfo, but the legal risk seems low for members of the government. On the other hand, Gabriel Attal and the other ministers expose themselves by lending the flank to criticism from the opposition.