Election Broadcasting, Media Reporting

CHAPTER 9

ELECTION BROADCASTING, MEDIA REPORTING AND ELECTION FORA

Part I : General

Part II : Electioneering on TV and radio

Part III : Advertising through the print media

Part IV : Election fora

Part V : Sanction

Appendix : Fair and equal treatment of candidates by the print media

PART I : GENERAL

9.1 This chapter deals with election broadcasting through electronic means (which covers all programmes including those on current affairs and news reporting on the radio and television), media reporting and the holding of any election forum.

IMPORTANT : “Candidate” in this chapter includes a person who has publicly declared an intention to stand for election in respect of a particular constituency, whether or not he has submitted a nomination paper. It also includes a list of candidate(s) in a geographical constituency election (“a GC list”) to which the list voting system of proportional representation applies.

References to “constituency” include the Election Committee (“EC”) and the EC subsector. 14

PART II : ELECTIONEERING ON TV AND RADIO

9.2 Commercial broadcasters, including operators of television and radio channels, are generally not allowed to accept advertisements of a political nature.

9.3 On the other hand, candidates may take part freely in current affairs and other programmes on TV and radio which are not election advertisements and which are conducted on an “equal time” principle. For GC lists, “equal time” means equal time for each of the lists.

9.4 No unfair advantage should be offered to or obtained by any candidate over others regarding election campaigning.

9.5 The principles stated in paragraphs 9.3 and 9.4 above apply equally to political parties or political organisations of which the candidate or candidate(s) in a GC list are members as they apply to the candidate himself.

9.6 During the election period (from the commencement of the nomination period to the polling day), broadcasters should ensure that the “equal time” principle as well as the “no unfair advantage” principle are applied to political parties or political organisations who have members contesting the election, whether or not contesting the same constituency. All political parties or political organisations whose members contest as candidates in the election should be invited and given equal time to take part in a current affairs or any other programme.

9.7 When inviting a candidate or a political party or political organisation to attend a programme, broadcasters should include in the invitation a warning to the invitee that a similar invitation has been or will be made to other candidates or political parties or political organisations, so as to give the invitee an equal opportunity to appear. A record should be kept by the broadcaster of the date, time and contents of the invitation and the warning until three months after the election. 15

9.8 Presenters or regular contributors who are candidates should not appear in any programme in their normal programme roles after the nomination period has commenced until the polling has been held. This is to avoid unfair extra publicity for them at the critical time. Presenters or regular contributors may, of course, appear as candidates in election fora referred to in Part IV below.

PART III : ADVERTISING THROUGH THE PRINT MEDIA

9.9 A candidate is at liberty to advertise in the print media to promote his candidature. Where such an advertisement is placed in the print media and takes the form of a news report or any other form which does not clearly show that it is an election advertisement, the words “Election Advertisement” or “選舉廣告” must be stated in the advertisement, to avoid misunderstanding by readers that it is not an election advertisement. The expenses so incurred must be accounted for in the return and declaration of election expenses and donations.

9.10 No unfair advantage should be offered by any publisher to a candidate. Nor should a candidate obtain from a publisher any unfair advantage regarding election campaigning. The Electoral Affairs Commission (“EAC”) appeals to members of the print media to provide fair and equal treatment to all candidates or GC lists competing in the same constituency in the reporting of them or their electioneering activities. How fair and equal treatment is to be applied in practice is set out in the Appendix to this chapter.

9.11 Regular columnists who are candidates should not contribute articles to the print media during election campaigns after the nomination period has commenced. This is to avoid unfair extra publicity for them at the critical time. Regular columnists may, of course, appear as candidates in election fora referred to in Part IV below. 16

PART IV : ELECTION FORA

9.12 During the election period, organisations such as television or radio stations, academic institutions and schools may organise election fora as their public affairs programmes or for civic education purposes. In line with the fair and equal treatment principle, the EAC appeals to all organisers to invite all candidates or GC lists of the same constituency to be present at such fora, so that no unfair advantage will be accorded to or obtained by any candidate over others regarding election campaigning.

PART V : SANCTION

9.13 If the EAC comes to know of unfair or unequal treatment of candidates by any broadcaster, publisher or forum organiser, it may make a reprimand or censure in a public statement which may include the names of the candidates favourably and unfavourably treated and the broadcaster, publisher or forum organiser concerned. The EAC may also refer the matter to the Broadcasting Authority or other relevant authorities for appropriate action to be taken.

Electoral Affairs Commission May 2000 17

Appendix to Chapter 9

Fair and Equal Treatment of Candidates by the Print Media

1. Fairness and equality will in each case be viewed by the EAC with reference to the surrounding circumstances.

2. Practical problems that may be experienced by publishers like limitation of column space and staff resources, and situations such as some candidates who have extensive arguments and opinions on issues of public relevance and those who have none, candidates who have made newsworthy statements or speeches as opposed to those who have not uttered a word, and the difference in status and standing of candidates as public figures, etc, are examples of circumstances against which the criteria of fairness and equality are to be judged.

3. What is important is that practical problems, in general terms without specifics, should not be allowed to be used as pretexts for not giving fair and equal treatment and coverage to all candidates/GC lists of the same constituency. Merely saying that practical problems gave rise to the selective reporting will be viewed as a lame excuse, but if the other candidates/GC lists had been approached and they refused to offer any interview, and this fact is made known in the same article, there can hardly be any suspicion or complaint that the guidelines have been breached.

4. Equal treatment and coverage are not necessarily equal space and equal number of words written on each candidate/GC list of the same constituency. It is an idea that has to be examined in all the circumstances of each individual case. Where a candidate says more on a topic and another candidate says less, that can be truthfully and faithfully reported, and no reasonable-minded person will say that that is unequal reporting. Fairness and equality here are in the sense of equal opportunity being given to all candidates/GC lists of the same constituency alike. 18

5. If there is fair and equal treatment of all candidates/GC lists of the same constituency in a publication, its editorial line or the personal opinions of the writer on each of the candidates can be freely expressed, insofar as they are fair comments and based on true facts. Any newspaper is at full liberty to express its support for or disapproval of a candidate/GC list. The guidelines do not seek to impose any shackle on the expression of such ideas. 19

Explanatory Note

The Electoral Affairs Commission (“EAC”) has recently received enquiries as to how paragraph 9.8 of Chapter 9 of the Guidelines would apply to candidates appearing: (a) on TV/radio/movie as actors, musicians, singers or other entertainers; or (b) in commercial advertisements.

The EAC issues the following clarification:

(a) Candidates appearing on TV/radio/movie as actors, musicians, singers or other entertainers

A candidate who has contracted to appear as actor, musician or any other form of entertainer in any performance scheduled to be shown before and after the election period (the election period means from the commencement of the nomination up till the close of poll) may always do so and continue to do so. However, such a candidate should try his utmost endeavour to request the person(s) responsible not to broadcast his appearance during the election period in any media.

(b) Candidates appearing in commercial advertisements

Once a person has declared his intention to become a candidate, he should not participate in the making of an advertisement in which his image, name or voice appear (“the relevant advertisement”) and which he knows will be broadcast on TV/radio/cinema during the election period.

If it comes to the attention of the candidate that the relevant advertisement will appear on TV/radio/cinema during the election period only after the relevant advertisement has been made, or the candidate has decided to run in the election only after the relevant advertisement has been made, the candidate should use his utmost endeavour to request the person(s) responsible not to broadcast the relevant advertisement during the election period.

Electoral Affairs Commission 17 May 2000