Strasbourg, 23 August 2004 Restricted
CDL-EL(2004)013
Study
no. 285 / 2004 Engl. only
EUROPEAN COMMISSION FOR DEMOCRACY
THROUGH LAW
(VENICE
COMMISSION)
COMMENTS
ON MEDIA MONITORING DURING
ELECTION OBSERVATION MISSIONS
by
Mr Owen
MASTERS (Expert, United
Kingdom)
TABLE OF CONTENTS
I. Introduction. 3
II. Role
of Media. 4
III. Protection
of Freedom of Expression. 4
IV. International
Standards of Media during Elections. 5
V. Types
of Media and Election Coverage. 7
VI. Media
Ownership Politics and Elections. 8
VII. Media
Context 9
VIII. Regulation
of Media Coverage during an Election. 10
IX. The
new Media and the Internet 13
X. Legal
Framework for Media – Election Regulation and Election Administration. 14
XI. Guidelines
for Media Analysis. 15
1.
This report has been compiled after taking into account much of the
content of ODIHR document “Guidelines on Media Analysis During Election
Observation Missions”, andCDL-EL(2004)005 “Media Monitoring During Election
Observation Missions” of 20 April 2004.The report has also recognised recommendations of the Committee of Ministers of
the Council of Europe (Recommendation No. R(99)15 to member states, on measures
concerning media coverage of election campaigns).
2.
The ODIHR document “Guidelines on Media Analysis During Election
Observation Missions” is very comprehensive, and includes most of the issues
contained inCDL-EL(2004)005 “Media Monitoring During Election Observation
Missions” of 20 April 2004.
3.
However, this revised report also contains proposed amendments to the
ODIHR document as follows:
-
Page 2 - References to ODIHR EOMs should also
include CoE EOMs.
-
Page 5 - Bullet Point 3 to be amended to read:
Respect for the fundamental
principle of editorial independence of the media, in particular printed and
private media, and in their right to express a preference. This assumes a
special importance during election periods.
-
Page 8 - 5th Bullet Point to be amended to read:
Access of candidates and
political parties particularly in respect of public Media, should follow the
principle of equality of opportunity.
-
Page 9 - 1st Bullet Point to be amended to read:
The media have a duty to offer a
right of reply to statements that are inaccurate or offensive, and they must be
able to exercise this right of reply during the campaign period.
-
Page 29 - Guidelines –Autonomy – Amend to
read…newspapers and broadcasters.
This is a fundamental principle
that should be respected, particularly in respect of printed and private media
and their right to express a preference.
Page 29 - Guidelines –
Journalists rights – 5th Line …cases of repression. Suggest adding:
…… repression, and those responsible
should be held accountable …..
-
Page 30 - Final Paragraph Line 3 amend to read:
..… equal time to all of them,
but ensuring that they have equal access and …..
-
Page 34 - Box – Private Electronic Media – Amend
by adding:
Where equal access is provided
for one or more parties and candidates, then equal access and treatment should
be available to all parties and candidates. Coverage must follow the criteria
of balanced and impartial reporting.
-
Page 34 - Box- Private Print Media – Add any
regulations on media coverage of elections should not interfere with the
editorial independence of newspapers and magazines, or their right to express a
political preference
-
Page 48 - Box – Final Paragraph – Amend by
adding:
Any restriction should comply
with Article 10 of the European Convention of Human Rights.
-
Page 51 - 3.4.14 – Right of Reply – Amend by
adding:
… in the following days during
the election campaign period …
-
Page 52 - 3.4.16 – Minorities – Amend by
adding:
... of concern. Broadcasts should
not take place during unsocial hours …..
-
Page 56 - 4.3 – Reference to OSCE commitments
should be amended to read OSCE/CoE commitments.
4.
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 the outcome of an election.
5.
This report will contain information on the problems and choices of
media monitoring, including the quality of the coverage, information gathering,
and analysis on the interpretation of 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 the right of reply.
6.
During elections the media can assist voters in making informed choices
of the parties and candidates they wish to support. The media is also a means
to provide access for political contestants to communicate with voters.
However, there must be equality of opportunity for all parties and contestants.
It is generally accepted that journalism must be of a standard, which will
ensure the provision of accurate and objective journalism.
7.
Media Monitoring is an effective tool to measure how the political
parties are treated by the media, and how the media are treated by the
politicians. Credible media monitoring projects provide citizens with
information on the reporting of the whole election process.
8.
Election observation missions now include media monitoring/analysis as an
accepted tool to observe elections. Furthermore, in newly emerging democracies,
or in post-conflict countries, media monitoring projects are undertaken to
establish the conduct of media in election and non-election periods.
9.
The report is also an overview of the main issues in media observation
and analysis, as experienced by ODIHR and Council of Europe Election
Observation Missions.
10.
Over the years both the Council of Europe and OSCE have developed a
number of commitments.
11.
These commitments are many, and examples include:
1.
Freedom of expression, including the right to
communication and the right of the media to collect, report, and disseminate
information, news and opinions.
2.
Individuals and groups should have the right of
participatory access to the media.
3.
Respect for the fundamental principle of editorial
independence of the media, in particular printed and private media, and in their
right to express a preference. This assumes a special importance during
election periods, and applies in particular to regulations on media coverage of
elections.
4.
There should be no legal or administrative obstacle to
obstruct access to the media within the electoral process.
5.
The promotion of diversity as a primary goal of
broadcast regulation, including gender equality, equal opportunity for all
sections of society, and equal access to the airwaves.
6.
The public shall enjoy freedom to receive and impart information
and ideas, without interference by public authorities, regardless of frontiers,
including through foreign publications and foreign broadcasts.
7.
Media should enjoy unrestricted access to foreign news
and information services.
8.
Freedom of expression, including the right to
communication and the right of the media to collect, report and disseminate
information, news and opinions, is a fundamental right.
9.
Attacks on, and harassment of journalists must be
condemned and those responsible should be held accountable.
10. Access
of candidates and political parties to public and private media should follow
the principle of equality of opportunity.
11. Regulatory frameworks should be established
where political parties and candidates are permitted to buy advertising space
from the media.
12. The
media has a duty to offer a right of reply to statements that are inaccurate or
offensive, and the exercise of this right must take place during the campaign
period.
12.
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.
13.
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 In addition it is one of the conditions for all pluralistic and
democratic societies. 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.
14.
The media are indeed a fundamental element in a democratic society, in
that they disseminate a variety of information and opinions. It has long been
recognised that the media are tools of power and influence. In daily life the
media undertake social, economic, cultural and political functions. It has been
suggested that the media is a “market place of ideas” where a variety of media
can provide citizens with a diversity of information.
15.
During election periods the media is an essential element of the
democratic system, and has many responsibilities including the covering of
political facts and events in the most objective, impartial and open way. There
is also a responsibility for promoting a variety of views, opinions, in addition
to reporting the news.
16.
Voters have the right to be informed on political alternatives in order
to make an informed choice. Responsible media should provide politicians and
parties not only with coverage, but a forum for debate. Freedom of
communication in respect of political discussion and public affairs, are
indispensable to the accountability of political representatives and officials.
Furthermore the media must also ensure that such information and ideas can be
accessed by the public.
17.
In democracies the media should be socially responsible in order to
serve the interests of society. The media should adopt guidelines of good
practice; develop codes of conduct and other self regulatory measures to ensure
responsible, accurate, and fair coverage of electoral campaigning.
18.
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 undue pressures.
19.
In ensuring fair treatment for all political contestants, the following
guidelines should be taken into account:
1.
The public media must provide all parties and
candidates in elections equal access, and they should comply with the
provisions for electoral coverage as set by national legislation. Furthermore
the public media should adhere to journalistic ethics and professional
standards,
2.
Private electronic media should comply with the
provision of election coverage as set by national legislation,
3.
Where access by the private media is granted to one or
more parties and candidates, then equal access and treatment should be
available to all parties and candidates. Coverage must follow the criteria of
balanced and impartial reporting,
4.
Private broadcasters should adhere to journalistic
ethics and professional standards,
5.
The private print media should be allowed a wider
degree of partisanship and opinion than the electronic media. However, the
press should comply with the provisions for election coverage as set by
national legislation, and to journalistic ethics and professional standards.
20.
Fairness and impartiality is of particular importance in news, current
affairs or discussion programmes given that some people form their voting
intentions on the basis of such programmes. The media should not manipulate the
picture or sound, so that the choice of words or other means of expression, such
as a change in tone, a change in stress or editing distorts the meaning or the
values of the report. Furthermore, the media should not broadcast a report
based on unverified information, rumours, or with the intention to create a
scandal. If such a story is felt important enough to publish, despite the fact
that it is not verified, it should do so with a warning saying the facts could
not be verified.
21.
All media should permit replies and corrections within their programmes
or publications. If a political subject is attacked by another politician (or
anybody else) in a programme where he/she is not present, it is reasonable to
offer the person attacked an opportunity to reply in the following days, but
this should be during the election campaign.
22.
National minorities must be given reasonable access to state-owned
public media to express their views. Broadcasts should not take place during
unsocial hours, but at reasonable times of the day. It is also a matter of
serious concern, when there are restrictions affecting the ability of national
minorities to access the media, lack of coverage in areas populated by national
minorities, lack of candidates from national minorities, or no broadcasting in
the language of national minorities. Private media should not discriminate
against any candidate or party on the basis they represent national minorities.
23.
Discussion programmes, such as interviews or debates, supplement the
normal; news coverage of elections and are important for voters to make direct
comparison between candidates. These programmes should be organised in a fair
manner, but at the same time permit editorial freedom on the format, number of
participants and length of programme. However, the distribution of time should
be under editorial control, but guarantee equality of opportunity to all
contestants, as well as the coverage of a plurality of views.
24.
While the journalists hosting the programme have the duty to be
impartial, non-political guests, such as other journalists, political analysts,
experts, ordinary people, can express their own personal opinions. What is
required is that represented opinions on controversial matters are many, and
differentiated. The participation of contestants in these programmes should not
be conditional upon payment of any fees.
25.
Voter education programmes are vital in providing information to
citizens. Programmes containing voter information should always be separate
from political messages. Public broadcasters should carry voter information
under different formats, and at times when they can reach the widest audience.
These programmes should provide voters with clear understandable and unbiased
information on:
1.
Voters lists: how and where to register, how to check
the list, how to file a complaint,
2.
Nature of election – local, presidential,
parliamentary, referenda,
3.
The type of election system,
4.
Voting procedures, and where to vote,
5.
Basic rights and duties: secrecy of the vote,
provisions related to proxy or family voting.
26.
Private broadcasters may be required to transmit voter education
programmes under the terms of their broadcasting licence or according to
electoral legislation. Private broadcasters should follow the same principles
ensuring unbiased, clear, and understandable information.
27.
The private print media although not obliged by law, should provide
voters with accurate information in respect of voting procedures.
28.
In politics the media are a fundamental element in the democratic
system, providing parties and candidates with coverage, and at the same time
providing an arena for dissemination of information, and public debate.
However, the media has many responsibilities including the covering of
political facts and events in the most 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.
29.
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
on 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, the counting of votes, and
election results.
30.
Which media is the most important, will vary from country to country,
and although in poor countries radio will reach more people than any other
media, television is of growing importance. However the role of the print media
should not be underestimated. The print media play an important role in
interpreting events, and presenting comments which may influence the
electorate.
31.
The main difference in the electronic media is between those that are
publicly and privately owned. The distinction has consequences for the degree
and control, and also regulations imposed on them by public institutions.
32.
While all media are expected to offer responsible and fair coverage, it
is the state/publicly owned media that appears to observe more rigorous
standards, as they belong to the citizens. The citizens pay fees, and therefore
the public media has the legal and moral obligation to serve the interest of
the general public. Using state/publicly owned media to promote a certain
political party or candidate, is therefore an illegitimate manipulation of the
public, using the public’s own resources. The state media can be more
vulnerable to pressure from authorities, especially in those countries where
they have not been transferred into a truly independent service broadcaster.
33.
Candidates should have the right of access to the media, to communicate
their platforms and views, and inform voters of their proposals and matters of
interest. Alongside such rights of access to the media, and benefits from the
coverage of the media, come responsibilities, not to abuse such rights.
34.
There are two central elements which determine the quality of media
during elections:
1.
Media independence – in particular their freedom from
political or corporate interference,
2.
Internal media diversity in content, views and formats.
35.
The strength of the right to freedom of expression can be affected by
problems experienced by the media. These can be attacks or pressures against
independent media, the use of courts and lawsuits with which to impede
journalists in their activities, government control over essential resources
such as printing houses, the supply of paper, and distribution systems. The
repression of journalists, harassment, and intimidation, is likely to encourage
self-censorship by journalists. Furthermore in newly emerging democracies, or
in post-conflict countries, it is often poor professional standards among
journalists, which can affect media coverage during elections.
36.
Where there are connections between media and politics, it can be an
element affecting the freedom of the mass media. An example can be the extent
in which political authorities try to control the state/public media. The
misuse of instruments in the renewal of licences, financing, or registration, can
be used to influence media activity.
37.
Democratic society faces a number of challenges in the coming years in
respect of a free and independent media. Among these are:
1.
The main source of income for private, and in some
cases state media is advertising. This creates pressure for editorial policies
to correspond to the views and interests of corporate advertisers.
2.
The media are becoming increasingly concentrated in
their ownership, with a smaller number of corporations owning a variety of
different media outlets not only in one country, but throughout the world.
38.
Although broadcasters owned by private interests are commercial
enterprises, they should also comply with certain obligations (particularly during
an election campaign). The public authority providing the licence should ensure
that certain requirements are complied with, in relation to news information,
current affairs programmes, and voter information. Often a private broadcaster
may not cover the entire national territory, and then the importance of private
broadcasters can be limited. However in many countries the private broadcaster
has equal coverage to the public media, and should also comply with
impartiality.
39.
Private owners sometimes have strategic and political interests, often
expressed openly and publicly, and in some cases politicians and members of the
government own television and /or radio companies. Such ownership could affect
the perceived fairness of the electoral coverage. Private broadcasters should
comply with standards of impartiality in their news and current affairs
programmes. Private broadcasters, irrespective of their audience share,
coverage area, should offer fair and accurate coverage of the elections. Should
private broadcasters decide not to provide election or political coverage, then
this would be reflected in the conditions of a broadcasting licence.
40.
Within the electoral process, the state, and particularly the government
have a dual responsibility:
1.
Refrain from interfering in the activities of the
media, and not to impede journalists, and other media personnel in their
functions, with a view to influencing the elections.
2.
To promote pluralism and freedom of the media.
41.
Parties and candidates also have responsibilities and should comply with
certain fundamental duties in order to respect the freedom of expression of the
media. They should not interfere in the editorial policy of independent and
public media, by any direct or indirect pressure. They should also respect the
laws regulating the campaign, and electoral blackout.
42.
Guiding principles in order to ensure and promote a mature media system
include:
1.
Governments should promote and facilitate diversity in
the ownership of media outlets, particularly broadcasting media. It should
avoid restrictive licensing or registration requirements, limit media
monopolies through curbs on cross-media ownership, and facilitate finance for
smaller initiatives such as community media
2.
Political and corporate powers should not interfere –
directly or indirectly – with the editorial independence of newspapers and
broadcasters
3.
States should guarantee the rights of journalists to
carry out their functions. Any kind of repression against journalists and their
sponsors (attacks, harassment, intimidation) constitutes a clear violation of
their human rights, not only as individuals, but as representatives of a
fundamental social institution.
4.
Journalists should adhere to standards of
professionalism and ethic when carrying out their activities
5.
No censorship is acceptable
6.
Any measures or actions promoting or causing
self-censorship among journalists, should be considered as an attack on their
editorial freedoms
43.
Political impartiality in broadcasting is essential to provide a true
and accurate picture of the progress and conduct of the elections. Giving
equitable treatment to all parties involved in the elections may not mean
devoting equal time to all of them, but rather making sure access is provided,
ensuring that all significant viewpoints are heard. This will provide
democratic debate in the broadcast media.
44.
The current government has a larger degree of attention from the media
because of their need to cover activities of the government, which may include
official events, meetings, and inauguration of project implemented. Events can
be genuine and relevant (such as national celebrations or anniversaries);
others can be marginal; such as the opening of public buildings, and events
managed by the government with the aim of getting a wider media coverage.
However, as the government is the main policy maker, coverage is necessary to
keep the public informed.
45.
The media have a responsibility to be consistent in separating the
activities of the incumbent powers, from the activities they pursue as
representatives of political parties contesting the election. No privileged
treatment should be given to public authorities by the media during election
campaigns.
46.
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 the 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 in the media
landscape. All this can best be summarised by:
1.
The public and private media shall provide equal
access, with fair, balanced, and impartial coverage for all parties and
candidates running for election,
2.
The private media must comply with the provisions for
electronic coverage as set by national legislation, and they must adhere to
journalistic ethics, and professional standards,
3.
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 a political preference.
47.
The media have a duty to inform the public in an accurate, fair and
professional manner. Journalists accustomed to working in repressive political
systems, or in post-conflict countries, have less experience with professional
standards than those working in an open and democratic environment.
48.
If the media are to be socially responsible, this will require that
media professionals develop codes of conduct and other self-regulatory
measures, which will set out guidelines. The media should adhere to the codes
of conduct and professional standards. Professional standards are reflected in
a number of self regulatory methods chosen by journalists to:
1.
Make their activities more professional by establishing
a set of criteria, and responsibilities that should guide their activities,
2.
Protect themselves from interference by political
authorities,
3.
Protect themselves from critics and external
interventions that may threaten their autonomy.
49.
A summary of codes of conduct which are different depending on the time
and the place, but could be illustrative of the values common in journalism
are:
1.
Information produced should be true, clear, timely,
verifiable, substantiated and accurate,
2.
Refuse to receive or be influenced by bribes or
inducements,
3.
Defend their independence from pressures of owners and
advertisers,
4.
Protect confidential sources of information,
5.
Be aware of their responsibilities towards the public,
sources of information, the state, the advertisers, and protect their
professional integrity,
6.
Defend the rights of the public.
50.
Voters have the right to be informed on political alternatives in order
to make an informed 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, the electoral
process including the counting of votes, and election results. Candidates
should have the right of access to the media, and inform the voters of their
proposals and matters of public interest. These rights should be recognised in
a non-discriminatory way in conformity with Para. 2.11.
51.
Media performance during elections depends primarily on the context in
which the media operates, and on the level of media autonomy. Therefore, no code
of conduct will guarantee professional and fair coverage of elections unless
the political, social and economic system permits journalists to undertake
their duties freely.
52.
The print media is seen as an independent source of information, and
appears in varying formats including daily/weekly newspapers, and magazines.
The print media is usually privately owned, and although state print media is
still present in some countries, their market share together with their
readership has reduced. Private print media are generally entitled to a larger
degree of partisanship than the publicly financed press and broadcasting media.
The private print media often plays a more important role than the electronic
media, in acting in the public interest as watchdogs and opinion makers. As a
result they have the right to their own political agenda, as well as the right
to be critical towards politicians. In addition, the general practice of
self-regulation adopted by the print media (through press councils and codes of
conduct), can be interpreted as the need for the press not to be bound by rules
set by external bodies, but to be responsible for its own editorial freedom.
Therefore the private print media have few obligations to be balanced towards
candidates and political parties; consequently they are subject to less
stringent regulation than the electronic media.
53.
Arguments used to justify this position are:
1.
Print media do not benefit from a public and limited
commodity such as airwaves, therefore their obligation to impartiality and
balance is less than that of the electronic media,
2.
Print media have lower set-up costs than electronic
media; therefore diversity of the print media is easier to achieve.
54.
In transitional democracies where some print media is still owned by a
public authority, these should be an obligation to offer a broad perspective of
political views. Under no circumstances, should publicly funded newspapers
become ‘party newspapers’ of the ruling government.
55.
Direct access to the media by candidates and parties must ensure that
conditions of equality among candidates are met. Regulations may determine the
format of airtime, and the right of media to protect themselves against the
dissemination of any illegal or improper material (particularly in respect of
hate speech and defamation). Media should not be responsible for the actual
content of free, or even paid airtime, such liability should be with the
political party, or candidate which presented the material.
56.
General provisions on hate speech are clearly stated in international
treaties and conventions. However, one of the problems in an election campaign
is the extent to which this kind of speech should be prohibited. It is
advisable to impose minimum limits to individual freedom of expression, as the
election campaign is the time when a variety of views can be expressed, even in
an expressive manner. Provisions on this matter should take into consideration
the specific situation of every country, particularly in post conflict
countries, where restrictions may be imposed to avoid new tensions or violence
among the population. The concept of hate speech should be related to the
potential effect of the message on the audience. Direct incitement to acts of
violence that may be acted upon should be restricted. Liability for expressions
of incitement rests with the individual or party making the statement, provided
that the media report it professionally.
57.
Free airtime/space is a common practice in many countries often through
the public media. Where this takes place, no registered parties or candidates
should be excluded from receiving free airtime. Whenever such airtime is
granted, this should be done in a fair and non-discriminatory manner, on the
basis of transparent and objective criteria. The criteria to define a
proportional formula could be based on the number of candidates standing, or on
results in previous elections. During presidential elections, referenda, and
for the first democratic elections, then the criteria of strict equality should
be adopted. The compliance with provisions regulating the allocation of free
airtime should be monitored by an independent body able to remedy any
violations promptly.
58.
Private electronic media are not usually obliged to allot free air time
to election contestants. However when they decide to offer free air time, or
they are obliged by law to do so, they should comply with the same provisions
as the public broadcaster.
59.
Paid political advertising is another opportunity for the political
parties and candidates to disseminate their message through the media. 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. Paid advertising may give an unfair advantage to
those parties or candidates who can afford to purchase more airtime or space.
If paid advertising is permitted it should comply with some basic rules:
1.
It should guarantee to all contestants consistent and
equal rates
2.
Media should identify in a clear way paid airtime or
sponsored slots, in order to allow voters to be aware of the political nature
of the programme
3.
Limits to the quantity of paid airtime parties are
permitted to purchase may be imposed.
60.
The issue of paid advertising in the print media is not so problematic.
However, the press should follow the principle of equal opportunity. Paid
advertising by political parties and candidates must be offered at consistent
and equivalent rates. Limits to the amount of paid advertising parties are
entitled to purchase may be imposed.
61.
When publishing or broadcasting the results of opinion polls, the media
should provide the public with the following information:
1.
The name of the political party or other organisation or
person who commissioned the poll
2.
The methodology employed in conducting the poll
3.
The sample and margin error of the poll
4.
The date and period when the poll was conducted
62.
Some countries prohibit the dissemination of opinion polls for a certain
period before election day. All media should comply with rules regulating the
dissemination of polling information before, after, or during voting. Any
restriction forbidding the publication /broadcasting of opinion polls (or
voting intentions), on voting day or a number of days before an election,
should comply with Article 10 of the European Convention of Human Rights.
Similarly, in respect of exit polls, consideration should be given to
prohibiting the reporting of such polls, until all the polling stations have
closed.
63.
The media should respect provisions in determining a reflection period
on or before election day. If there is an electoral blackout decided by law,
the election administration could specify rules and instructions to journalists
on how to report political facts during the silence period.
64.
The new media enables the political system to diversify their campaign
for different target audiences through the internet, and the potential use of
text messages to mobile phones. The internet has widened the possibilities of
communicating with a larger section of the population, by creating
opportunities for voters to generate political views and opinions.
65.
The traditional media, particularly television is still the main channel
to communicate with the electorate, and political parties have yet to fully
exploit the potential of the internet.
66.
A controversial issue related to the role and obligations of the
Internet in the electoral process, deals with what regulations should be
imposed on web sites, particularly in respect of election blackout, and opinion
polls. This matter is part of a wider debate on the degree of freedom the
Internet should enjoy, and the extent to which regulations can be realistically
applied to this medium. The World Wide Web is a pluralistic and unlimited media
environment accessibly to everyone. The Internet remains largely unregulated,
and many argue that it is neither possible, nor desirable to regulate it.
67.
In new democracies a clear regulatory legal framework is needed for
media coverage of elections. Because of the weaknesses of the democratic
system, self-regulatory measures are seldom sufficient to ensure pluralism and
fair access to all contestants. Regulations for the media during an election
campaign should leave no room for manipulation or misinterpretation.
Regulations should be aimed primarily at protecting voters and candidates right
to freedom of expression. Any limitations on media coverage should be imposed
only for this purpose. Regulations may include elements that can unduly affect
voters such as the dissemination of opinion polls, electoral blackout, hate
speech, unequal access, and unfair treatment. Regulations should not be overly
restrictive, and they should not unnecessarily impede media in their reporting
and news coverage It would be wise to consult both media, and political party
representatives during the drafting of regulations, thereby agreeing on a set
of rules to which all actors have been involved.
68.
The body implementing the regulation for media coverage during elections
should be independent, credible, and legitimate for all competing political
forces. The appointment of its members must not be under the exclusive control
of the government.
69.
The body entitled to supervise media coverage may be:
1.
Self-regulatory body, such as a voluntary press
council,
2.
A body specifically created for the election period,
3.
The main election body such as the Central Election
Commission.
70.
The implementing body should act on complaints of candidates and
parties, or whenever it sees a violation, regardless of whether it has received
complaints. The media or the complainants should have the right to contest
decisions of the implementing body through timely, accessible and prompt
judicial mechanism.
71.
Where self-regulation does not provide criteria on what kind of
programmes should be regulated, states should adopt measures ensuring that
public and private broadcasters during the election period, present programmes
which are fair, balanced, and impartial. This would apply to news and current
affairs programmes, including discussion programmes, such as interviews or
debates.
72.
Media analysis is much more than simply monitoring the content of media
coverage of an election campaign. The coverage will be dependent on the legal
framework, as well as the context in which the elections take place. To give an
adequate assessment of the role of the media during an election campaign, the
media analyst should consider the media system as a whole, and there will need
to focus on three main areas these are:
1.
A study of the legal framework for the media,
2.
Observation of the media landscape,
3.
Monitoring of the media coverage of the election
campaign.
73.
The overall assessment should primarily be based on compliance with
international standards, and the basic rights of the three key actors should be
taken into account when producing an evaluation of the media during the
electoral process:
1.
The voters right to receive information on political
alternatives, and the electoral process
2.
The candidates and political parties right to impart information
on their platforms and views
3.
The freedom of the media to spread information and
express their own views on issues of public interest
74.
In addition to the above, the assessment can be based on two other
yardsticks:
1.
Compliance with national legislation, which in turn
should be in accordance with international standards. The central questions to
be answered are: was the legal framework in accordance with the political and
legal commitments undertaken by the country? If so, were the national legal
provisions respected?
2.
Comparison with previous elections in the same country.
In this case the question is: compared to previous elections was any
improvement/worsening observed for freedom of expression and media coverage?
75.
The media analysis should be able to produce findings on the level of
the autonomy of the media system from the political system, and the level of
diversity among the different media outlets.
76.
In analysing the media landscape of a country, it will also be necessary
for observation of the political environment. It will then be possible to make
an assessment of the relationship between the political parties, and the media
during the election campaign. In assessing the media landscape of a country, it
is necessary to consider many factors including:
1.
How many print and electronic media are operating in
the country
2.
Variety of public/state owned media, either electronic
or print
3.
Number of licences issues by the state at national or
local level
4.
Number of pirate stations operating, if any
5.
The geographical coverage of the existing media
6.
Hours of broadcasting, or frequencies of publication
for every media outlet
7.
Number of media dedicated to specific ethnic/linguistic
minorities living in a country
8.
The structure and transparency of ownership
9.
Links between politicians and media
10. Number
and ownership of news agencies, printing houses, and system of distribution
77.
The media analyst should monitor and record any violations of freedom of
expression of journalists and media associations. Any reported or observed
violations should be recorded and verified. There may be occasions when the
victim of harassment, violence, threats may be reluctant to file an official
complaint.
78.
Content analysis is a methodology used to measure the messages that the
media convey. Focussing on the content of media messages is a useful way of
measuring media performance and identifying bias. Elements taken into
consideration for content analysis can be:
1.
How many times a particular politician was mentioned,
2.
How long was a party election broadcast,
3.
How many times was a particular word used to describe a
particular politician,
4.
How many women candidates were quoted,
5.
How many times was a particular campaign issues
reported.
79.
The main goal in content analysis in media monitoring of political
communication during an election campaign is to understand the degree of
pluralism of the media system under observation.
80.
There will also be a requirement to analyse the content of the coverage,
whether it is positive, negative or neutral.
81.
Following analysis, the information should be included in reports which
are easy to understand, and to read, but based on well grounded verifiable
analysis. This can be through tables, charts and diagrams. Whatever format is
used to present the results, short commentaries that stress the main findings
resulting from the data should be added.
82.
Media monitoring should produce reliable, objective results and
conclusions. It is important 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 credulity of the
monitored media, and the public trust in them.
