Strasbourg,20 April 2004 Restricted
CDL-EL(2004)005rev
Study no. 285 / 2004 Engl.
only
EUROPEAN
COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
MEDIA
MONITORING DURING
ELECTION
OBSERVATION MISSIONS
Comments by Mr Owen MASTERS (Expert, United
Kingdom)
Introduction
1.
The content and structure of this report provides an overview of the
main issues in respect of media monitoring and analysis. It has been compiled taking into account the
recommendation of the Committee of Ministers of the Council of Europe
(Recommendation No. R (99) 15 of the Committee of Ministers to Member States on
measures concerning media coverage of election campaigns) and the experience of
media monitoring and analysis, as implemented by ODIHR, and Council of Europe
Election Observation Missions.
2. This report was prepared by Mr Owen Masters
(member of the Council for Democratic Elections and of the Congress of Local
and Regional Authorities of the Council of Europe, United Kingdom), and
slightly modified following the discussions held during the 8th
meeting of the Council for Democratic Elections (Venice,11 March 2004).
3.
There is increasing recognition of the important role of the media in
modern society, especially at elections.
The influence of the media is particularly noticeable on the conduct of
elections, in communications with the public, and often the outcome of an
election. Therefore it is clear that
there is a need to develop tools or mechanisms with which to observe the media,
ensuring that the principle of free and democratic elections has been upheld.
4.
This report will contain information on the problems and choices of
media monitoring, including the quality of the coverage, information gathering,
and analysis including the interpretation of the data. In addition reference
will be made to specific features of the coverage of elections, which may
include the granting of free airtime to political parties and candidates,
dissemination of opinion polls, paid political advertising, days of reflection,
and right of reply.
5.
Possible Guidelines on Media Monitoring during Election Observation
Missions as proposed by OSCE/ODIHR deserve support. However, there is a need to strengthen some
areas in the proposed guidelines. It is
therefore recommended that the following points should be included in any
future guidelines on media monitoring during elections. These points are highlighted
in bold in the next paragraphs.
10. Journalist’s right to carry out their functions
should be guaranteed by states. There should
be no repression against journalists and their sponsors (attacks, harassment,
or intimidation).
Protection of Freedom of Expression
6.
Over the years both the Council of Europe and OSCE have developed a
number of commitments which support Freedom of Expression, and Freedom of the
Media.
These commitments are many, and
examples include:
·
Free media are one of the conditions for
pluralistic and democratic societies
·
Freedom of expression is a basic human right and
a central element within a democratic
system
·
Independent and free media are of particular
importance in safeguarding human rights and fundamental freedoms
·
Individuals and groups should have the right to
participatory access to the media
·
There should be no legal or administrative
obstacle to obstruct access to the media within the electoral process
·
The promotion of diversity as a primary goal of
broadcast regulation, including equality of opportunity, gender equity, and
equal opportunity for all sections of society to have access to the airwaves
The right to freedom of
expression is enshrined in a number of declarations, treaties and
conventions. States that are signatories
to these documents, or members of organisations which produced such
declarations, have the moral duty, and sometimes legal obligation to comply
with such provisions. It is necessary to
ensure that the behaviour of governments is regulated in respect of the media,
rather than the regulation of media.
International Standards
7.
Freedom of the media constitutes a fundamental principle of freedom of
expression, which is protected under Article 10 of the European Convention on
Human Rights. The press and the
electronic media are required to impart information, and ideas on matters of
public interest. The media must also
ensure that such information and ideas can be accessed by the public. Media commissions or any other form of
regulatory mechanism, both for print and electronic media, should be
independent from political parties, and have an arms-length relationship with
the government. Freedom of communication
in respect of political discussion, and public affairs are indispensable to the
accountability of political representatives and officials.
8.
The media should develop codes of conduct and other self regulatory
measures, which will set out guidelines of good practice, for responsible,
accurate and fair coverage of electoral campaigns.
9.
States and governments in order to guarantee freedom of expression in
the media, must refrain from interfering in media functions, and when necessary
impose positive measures to protect the media from attacks or undue pressures.
Media Politics and Elections
10.
In respect of politics the media are a fundamental element in the
democratic system, providing candidates, and parties with coverage and at the
same time providing an arena for dissemination of information, and public
debate. It has long been recognised that
the media are tools of power and influence.
However, the media has many responsibilities including the covering of
political facts and events in the most objective, impartial, and open way. There is also the responsibility of promoting
a variety of views, opinions, in addition to interpreting news. This will enable the public to better
understand the information they are receiving.
11.
Voters have the right to be informed on political alternatives in order
to make an informed choice. The
behaviour of media coverage on the electorate is a controversial issue. There
are many opinions, but there is no definite answer to the question related to
the power of the media, to influence voters in their choice. The right of voters to make an informed
choice in an election implies that the media should inform them in a
professional and correct manner.
Information should be provided on the platforms, views of the different
candidates, the events of the political campaign, and the electoral process,
including the counting of votes, and election results.
12.
Candidates should have the right of access to the media, to communicate
their platforms and views, and inform the voters of their proposals and matters
of public interest. Alongside such
rights of access to the media and benefits from the coverage of the media, come
responsibilities, not to abuse such rights.
Guidelines for Media Analysis
13.
There are two main benchmarks for the overall evaluation of media
performance in an election campaign, these are:
·
The
compliance with international standards.
That is: Were the fundamental standards upheld, of the right to freedom
of expression of voters, candidates, and was the freedom of the press respected
during the electoral process?
·
The
comparison with previous elections in the same country. In this the question is: Compared to previous
elections, is the freedom of expression and media coverage improving, or
deteriorating?
14.
Within the electoral process, the state and particularly the ruling
government should refrain from interfering in the activities of journalists,
and other media personnel with a view to influencing the elections. Political parties and candidates should also
respect the freedom of expression of the media.
In addition, the fundamental
principle of editorial independence of the media, assumes a special importance
during election periods.
15.
Guidelines to be followed in order to promote a mature media system include:
·
Diversity of the media system, which should be
supported by the state.
·
To be
aware of the significant differences which exist between the print and
electronic media (radio and television)
·
Autonomy of the media system from political and
economic power should be
protected.
·
Journalist’s right to carry out their functions
should be guaranteed by states.
There should
be no repression against journalists and their sponsors (attacks, harassment,
or intimidation).
·
Professional Standards should be maintained
through journalistic training in
ensuring that
voters and candidates rights are protected.
·
No Censorship in any form is acceptable.
Regulation of Media Coverage during an Election
16.
Obligations and regulations for the public media are necessary, as the
public media is financed with taxpayer’s money, and should be considered a
public resource.
Obligations and consequent
regulation to which private broadcasting media are subjected are more variable,
and problematic to define. During an
electoral campaign, the degree of editorial freedom that should be accorded to
private broadcasters is related to the degree of diversity observed in the
media landscape. All of this can best be
summarised by:
·
The public and
private media shall provide equal access, with fair, balanced, and
impartial coverage for all parties and candidates running for election. Such a
rule does not apply to party media.
·
The private electronic media must comply with
the provisions for electronic
coverage as set by national
legislation, and they must also adhere to journalistic
ethics, and professional standards.
·
Private print media should be permitted a wider
degree of opinion than the public
electronic
media. Any regulations on media coverage
of elections should not interfere with the editorial independence of newspapers
and magazines or their right to express any political preference.
Direct Access - (Free or paid)
17.
Parties and candidates should be provided with direct access to the
public media free of charge. No
registered parties or candidates should be excluded from receiving free airtime
in order to effectively communicate with the public. Whenever
such airtime is granted, this should be done on a fair and non-discriminatory
manner, on the basis of transparent and objective criteria. The allocation
of airtime can be on an equal or proportionate basis. The compliance with provisions regulating the
allocation of free airtime should be monitored by an independent body able to
remedy any violations promptly. The
practice of imposing free airtime on the private electronic media is not
widespread. However, when they do decide
to offer airtime, or they are obliged by law to do so, they must comply with
the same regulations as the public broadcast system.
18. In
states where political parties and candidates are permitted to buy advertising
space for electoral purposes, there is a requirement for some regulatory
frameworks to be in place. The
possibility of buying advertising space should be available to all contending
parties and candidates, and on equal conditions and rates of payment. There may also be a limit for the amount of
paid advertising, which a given party or candidates can purchase. It is also important that the public is made
aware that the message is a political advertisement.
There are not the same problems
for political advertising in the private print media, although equality of
opportunity must be offered to all parties and candidates, and as with the
electronic media, there should be a limit on the amount of advertising that any
one party or candidate can purchase.
Political Information Programmes
19. Public and private broadcasters during an
election period have an obligation to provide voters with sufficient and
effective information, and should organise panel discussions and talk shows in
which:
·
Candidates and parties can present their
alternative platforms, and engage in
debate.
·
Journalists, the public, experts and analysts
can ask questions on specific issues.
20.
While the journalists hosting the programme have the duty to be
impartial, non-political guests, such as other journalists, political analysts,
experts and other people, can express
their own personal opinions.
The participation of contestants
in these programmes should not be conditional upon payment of any fees.
Voter Education and Information
21.
Public broadcasters should undertake voter education and information
during the time they are likely to reach the widest audience. These programmes should provide voters with
clear, unbiased and understandable information on:
·
Voters lists – How and where to register, how to
check the list, and where to
complain.
·
Nature of the election – Local, parliamentary,
presidential, referenda.
·
Information on the electoral system, and the
attribution of votes
·
Voting procedures: where and how to vote
·
Basic rights and duties: secrecy of the vote,
provisions related to proxy and family voting
The private electronic media may
be required to transmit voter education programmes by the electoral
legislation, or by their broadcasting licence.
They must at all times ensure unbiased, clear and understandable
information.
The private print media although
not obliged by law, should provide voters with accurate information in respect
of voting procedures.
22.
The publishing or broadcasting of opinion polls should provide the
public with the name of organisation or political party who paid for, or
commissioned the poll, the margin of error, and the dates the poll was conducted. Some countries prohibit the publication of
opinion polls for a certain period before election day. However, any restriction forbidding the publication/broadcasting of
opinion polls (or voting intentions), on voting day, or a number of days before
the election, should comply with Article 10 of the European Convention on Human
Rights. Similarly, in respect of
exit polls, consideration could be given to prohibiting the reporting of such
polls, until all polling stations in the country have closed.
23.
A provision in the law prohibiting political campaigning, or the
publication of partisan electoral messages on the day/days preceding voting
could be considered, and be beneficial to the democratic process. In addition, the electoral administration may
specify rules and instructions to journalists, on how to report political facts
during the ‘silence period’.
24.
Rules defining hate speech are clearly stated in international treaties
and conventions. The concept of hate
speech should be related to the effect of the message on the receivers, a
direct incitement to acts of violence which could have credible potential
effects on the public, may be censored.
This is particularly important in post-conflict areas, in order to avoid
new tensions and conflicts in the populations.
25.
During the election campaign any candidate or political party should be
entitled to a right of reply under the law, and must be able to exercise this
right during the campaign period.
Media Analysis
26.
The media analysis should be able to produce findings on the level of
autonomy of the media system from the political system, and the level of
diversity among the different media outlets. Any assessment of media behaviour
during an election campaign should consider the media system as a whole. The
basic rights of the three actors should be taken into account when producing an
evaluation of the media during the electoral process:
·
The voters rights to receive information on
political alternatives, and the
electoral
process,
·
The candidates and political parties right to
impart information on their platforms
and views.
·
The media’s freedom to spread information and
express their views on issues of
public
interest.
27.
The analysis of the media landscape of a country, as well as the
observation of the political environment is necessary. This will enable an assessment to be made of
the relationship between the media, and the political parties during an
election campaign. In assessing the
media landscape of a country it is necessary to consider many factors
including:
·
How many electronic and print media are
operating in the country
·
Variety of public /state-owned media, either
electronic or print
·
Number of licenses issued by the state at
national or local level
·
Number of pirate stations operating, if any
·
The geographical coverage of the existing media
·
Hours of broadcasting, or frequencies of
publication for every media outlet
28.
The analysis will need to develop techniques with which to measure the
amount of time and space, a media outlet devotes to political contestants. There will also be a requirement to analyse the
quality of the content of coverage, whether it is positive, negative, or
neutral.
Reporting
29.
Following analysis, the information should be included in reports which
are easy to understand, and to read, but based on well grounded verifiable
analysis.
30.
Media monitoring should produce reliable and objective results and
conclusions. It is vital that the
findings of media monitoring are not only credible in themselves, but also that
they are perceived as such. Monitors
should be aware that their activity is the basis for reports, which may affect
not only judgements on the election campaign, but also the credibility of the
monitored media, and the public trust in them.
