The ACE Encyclopaedia: Media and Elections
The media are essential to democracy, and a democratic election is impossible without media. A free and fair election is not only about the freedom to vote and the knowledge of how to cast a vote, but also about a participatory process where voters engage in public debate and have adequate information about parties, policies, candidates and the election process itself in order to make informed choices. Furthermore, media acts as a crucial watchdog to democratic elections, safeguarding the transparency of the process. Indeed, a democratic election with no media freedom, or stifled media freedom, would be a contradiction in terms.
THE ACE ELECTORAL NETWORK AND THE ENCYCLOPAEDIA
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1998-2013 © ACE Electoral Knowledge Network
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Booklet Information: Media and Elections
First Published: 1998
Revision Number: 3
Updated: 2012
TABLE OF CONTENTS 1. OVERVIEW OF MEDIA AND ELECTIONS - THE IMPORTANCE OF THE MEDIA TO ELECTIONS ...... 9
1.1 ROLES THE MEDIA PLAY IN ELECTIONS ...... 9 2. OVERVIEW OF MEDIA AND ELECTIONS - THE IMPORTANCE OF THE MEDIA TO ELECTIONS ...... 11
2.1 ROLES THE MEDIA PLAY IN ELECTIONS ...... 11 2.2 MEDIA AS WATCHDOG ...... 13 2.3 MEDIA AS A CAMPAIGN PLATFORM ...... 14 2.4 MEDIA AS OPEN FORUM FOR DEBATE AND DISCUSSION/ PUBLIC VOICE ...... 15 2.5 MEDIA AS PUBLIC EDUCATOR ...... 16 2.6 GENDER, MEDIA AND ELECTIONS ...... 16 2.7 ADDITIONAL RESOURCES ...... 20 3. THE MEDIA LANDSCAPE TODAY ...... 22
3.1 WHERE DO PEOPLE GET THEIR INFORMATION? ...... 22 3.2 MEDIA LITERACY ...... 26 3.3 RADIO ...... 28 3.4 TELEVISION ...... 29 3.5 PRINT...... 31 3.6 NEW MEDIA ...... 32 3.7 MEDIA OWNERSHIP AND ELECTIONS ...... 44 3.7.1 Public Media: State, Government and Public Service Broadcasting ...... 50 3.7.2 Private and Corporate Media ...... 52 3.7.3 Community Media ...... 54 3.7.4 Party and Politician-owned Media ...... 55 3.8 MEDIA SAFETY ...... 56 3.9 [XII] GRACE NATABAALO, “UGANDA FALLS DRAMATICALLY IN PRESS FREEDOM RANKINGS” ...... 61 3.10 RELATIVE IMPORTANCE OF DIFFERENT MEDIA ...... 61 3.10.1 Media Ownership and Elections ...... 61 3.10.2 "New" Media ...... 61 3.10.2.1 Cellular Telephones and Election Campaigning ...... 61 3.11 EXISTING MEDIA REGULATORY FRAMEWORKS ...... 62 4. LEGAL FRAMEWORK FOR MEDIA AND ELECTIONS ...... 62
4.1 LEGAL PRINCIPLES ...... 62 4.2 INTERNATIONAL LAW ON MEDIA AND ELECTIONS ...... 63 4.3 MEDIA AND DEMOCRACY ...... 66 4.4 OBLIGATIONS OF PLURALISM ...... 67 4.5 FREEDOM OF POLITICAL DEBATE ...... 69 4.6 RIGHT OF ACCESS TO GOVERNMENT MEDIA ...... 70 4.7 PUBLISHING OPPOSITION VIEWS...... 72 4.8 RIGHT OF REPLY TO MEDIA REPORTS DURING ELECTIONS ...... 73 4.9 LIMITS TO LIABILITY OF MEDIA DURING ELECTIONS ...... 75 4.10 RESTRICTIONS ON POLITICAL SPEECH ...... 76 4.11 CRITICISM OF POLITICIANS AND GOVERNMENT ...... 76 4.12 RIGHT TO AN EFFECTIVE REMEDY ...... 77 4.13 PROTECTING THE SAFETY OF THE MEDIA ...... 78 4.14 WHO SHOULD BE INVOLVED IN THE DRAFTING PROCESS? ...... 81 4.15 A SPECIFIED CAMPAIGN PERIOD? ...... 82 4.16 PROVISIONS THAT AFFECT BOTH PRIVATE AND PUBLIC MEDIA ...... 84 4.17 IMPLEMENTATION MECHANISM FOR MEDIA AND ELECTION REGULATIONS ...... 85 4.18 IMPLEMENTATION MECHANISM: EXISTING MEDIA REGULATORY BODY ...... 85 4.19 IMPLEMENTATION MECHANISM: MEDIA SELF-REGULATION ...... 86 4.20 IMPLEMENTATION MECHANISM: ELECTORAL COMMISSION ...... 87
4.21 IMPLEMENTATION MECHANISM: ELECTIONS MEDIA COMMISSION ...... 88 4.22 IMPLEMENTATION MECHANISM: JUDICIARY ...... 89 4.23 COMPLAINTS PROCEDURE ON MEDIA COVERAGE ...... 90 4.24 NEWS BLACKOUTS ...... 91 4.25 REGULATING COVERAGE OF OPINION POLLS ...... 92 4.26 POLICIES ON HATE SPEECH AND DEFAMATION ...... 93 4.26.1 International and Comparative Law on Hate Speech...... 95 4.26.2 Media Liability for Reports of Unlawful Statements ...... 97 4.26.3 Hate Speech - Operations of the Regulator ...... 98 4.26.4 Right of Reply to Criticism or Adverse Statements ...... 99 4.27 JOURNALISTS' RIGHT OF ACCESS TO ELECTION EVENTS ...... 100 4.27.1 Accreditation of Journalists...... 100 4.27.2 Accreditation of Foreign Media ...... 101 4.28 PROVISIONS FOR PUBLIC MEDIA ...... 103 4.28.1 Allocation of Time to Candidates and Parties ...... 104 4.28.2 Equal or Equitable Direct Access Coverage? ...... 106 4.28.3 Criteria for Allocation of Direct Access Time ...... 110 4.28.4 Timing and Length of Direct Access Slots ...... 112 4.28.5 Who Pays for Direct Access Broadcasts? ...... 113 4.28.6 Who Produces Direct Access Broadcasts? ...... 114 4.28.7 Direct Access in Referenda ...... 115 4.28.8 Paid Political Advertising ...... 115 4.28.8.1 Examples of Countries that Allow Paid Political Advertising ...... 118 4.28.9 A Mixed System of Advertising and Free Access ...... 119 4.28.10 Regulation of Content of Direct Access Material? ...... 120 4.28.11 Political Advertising and Campaign Spending Limits ...... 122 4.28.12 Government's Duty to Inform - Voter Information ...... 124 4.28.13 Third Party Campaigning ...... 124 4.28.14 Balanced News Coverage ...... 126 4.29 PROVISIONS FOR THE PRIVATE MEDIA ...... 127 4.30 THE GAP BETWEEN LAW AND PRACTICE ...... 129 5. EMB MEDIA RELATIONS ...... 130
5.1 ESTABLISHING AN EMB MEDIA RELATIONS DEPARTMENT ...... 133 5.2 ESTABLISHING AN EMB MEDIA RELATIONS DEPARTMENT’S MANDATE AND FRAMEWORK...... 134 5.3 DEVELOPING A MEDIA RELATIONS STRATEGY ...... 135 5.3.1 Analysing Your Strenghts and Weaknesses ...... 136 5.3.2 Consultations with Media and Relevant Stakeholders ...... 137 5.3.3 Charting the Electoral Cycle/Phases ...... 139 5.3.3.1 Pre-Election Period ...... 139 5.3.3.2 Pre-Campaign Period...... 140 5.3.3.3 Campaign Period ...... 141 5.3.3.4 Voting Day ...... 142 5.3.3.5 The Count and Results ...... 142 5.3.3.6 Post-Election Period ...... 144 5.3.4 Audience Analysis ...... 144 5.3.5 Mapping the Media ...... 146 5.3.6 Tools and Techniques of Media Relations ...... 147 5.3.6.1 Briefing Packs ...... 149 5.3.6.2 Prepared Audio, Video, and Print Material ...... 150 5.3.6.3 Press Releases and Press Statements ...... 151 5.3.6.4 Websites and New Media ...... 152 5.3.6.5 Press Conferences ...... 153 5.3.6.6 Media Briefings ...... 153 5.3.6.7 Media Tours ...... 154 5.3.6.8 Media Centre ...... 154 5.3.6.9 Interviews ...... 155 5.3.7 Message Development ...... 156
6. MEDIA MONITORING...... 156
6.1 MEDIA MONITORING BY ELECTORAL MANAGEMENT BODIES ...... 160 6.2 MEDIA MONITORING BY INTERNATIONAL ELECTION OBSERVATION MISSIONS ...... 161 6.3 MEDIA MONITORING BY DOMESTIC OBSERVER GROUPS AND CIVIL SOCIETY ORGANISATIONS ...... 162 6.4 MEDIA MONITORING BY MEDIA PEAK BODIES OR INDIVIDUAL MEDIA OUTLETS ...... 163 6.5 MEDIA MONITORING METHODOLOGY ...... 164 6.5.1 Media Monitoring and Media Analysis ...... 165 6.5.2 Quantitative Media Monitoring Methods ...... 166 6.5.3 Qualitative Media Monitoring Methods ...... 169 6.6 MONITORING NEW MEDIA ...... 170 6.7 REPORTING MEDIA MONITORING FINDINGS ...... 172 6.8 EXAMPLES OF ELECTIONS MEDIA MONITORING REPORTS AND MEDIA MONITORING GUIDELINES ...... 173 7. MEDIA DEVELOPMENT ...... 174
7.1 MEDIA PROFESSIONALISM ...... 176 7.1.1 Codes of Conduct for Media in Elections ...... 177 7.1.2 Legal Issues in Election Reporting ...... 179 7.1.3 Accuracy in Election Reporting ...... 180 7.1.4 Impartiality in Election Reporting ...... 180 7.1.5 Responsibility in Election Reporting ...... 182 7.2 ELECTIONS REPORTING TRAINING ...... 183 7.3 RIGHTS, ADVOCACY AND LEGAL SUPPORT ...... 186 7.4 BUSINESS DEVELOPMENT ...... 187 7.5 MEDIA INFRASTRUCTURE ...... 189 7.6 COVERING AN ELECTION ...... 191 7.6.1 Voter Registration Period ...... 192 7.6.2 Candidate Nomination and Pre-campaign Period ...... 193 7.6.3 Campaign Period ...... 194 7.6.3.1 Party and Candidate Campaign Media Strategies ...... 194 7.6.3.2 Reporting on Political Events ...... 197 7.6.3.3 Reporting on Campaign Financing and Spending ...... 197 7.6.3.4 Bottom-up Reporting ...... 198 7.6.3.5 Reporting Opinion Polls ...... 199 7.6.3.6 Reporting Hate Speech ...... 200 7.6.4 Voting Day(s) ...... 201 7.6.5 Counting and Results Period ...... 203 7.6.5.1 Reporting on Exit Polls ...... 204 7.6.5.2 Reporting on Quick Counts ...... 205 7.6.6 Post-Election Period ...... 205 8. CASE STUDIES ...... 206 8.1 BOSNIA: THE OPERATIONS OF THE REGULATOR ON HATE SPEECH...... 206 8.2 CANADA: PAID POLITICAL ADVERTISING ...... 207 8.3 CANADA: CANADA PROHIBITS BLOGGERS FROM REPORTING RESULTS ...... 207 8.4 GAMBIA: THE INDEPENDENT ELECTORAL COMMISSION OF THE GAMBIA DEVELOPS A COMMUNICATIONS PLAN ...... 209 8.5 ITALY: AN EXISTING REGULATORY BODY ...... 214 8.6 RUSSIA: COMPLAINTS PROCEDURE (1993) ...... 215 8.7 UNITED KINGDOM: THE OPERATIONS OF THE REGULATOR ON HATE SPEECH ...... 215 8.8 UNITED STATES: BRINGING THE BLOGGERS TO HEEL? ...... 216 8.9 ZIMBABWE: AN EXAMPLE OF UNBALANCED COVERAGE ...... 218 8.10 EGYPT: NEW MEDIA AND ELECTION TRANSPARENCY ...... 220 8.11 NIGERIA: MEDIA OWNERSHIP AND ITS IMPACT ON ELECTIONS ...... 223 8.12 SOUTH AFRICA: GENDER AND ELECTIONS ...... 226 8.13 GEORGIA: MEDIA MONITORING RECOMMENDATIONS DURING ELECTIONS ...... 229 9. CONTRIBUTORS TO MEDIA AND ELECTIONS ...... 232
1. Overview of Media and Elections - The Importance of the Media to Elections 1.1 Roles the Media Play in Elections
The media are essential to democracy, and a democratic election is impossible without media. A free and fair election is not only about the freedom to vote and the knowledge of how to cast a vote, but also about a participatory process where voters engage in public debate and have adequate information about parties, policies, candidates and the election process itself in order to make informed choices. Furthermore, media acts as a crucial watchdog to democratic elections, safeguarding the transparency of the process. Indeed, a democratic election with no media freedom, or stifled media freedom, would be a contradiction in terms.
The 2005 the yearly World Press Freedom Day international conference produced a declaration that stressed “independent and pluralistic media are essential for ensuring transparency, accountability and participation as fundamental elements of good governance and human-rights based development”. Furthermore, the declaration urges member states to “respect the function of the news media as an essential factor in good governance, vital to increasing both transparency and accountability in decision-making processes and to communicating the principles of good governance to society”.[i]
In order to fulfil their roles, the media need to maintain a high level of professionalism, accuracy and impartiality in their coverage. Regulatory frameworks can help ensure high standards. Laws and regulation should guarantee fundamental freedoms essential to democracy, including freedom of information and expression, as well as participation. Meanwhile, provisions such as requiring government media, funded out of public money, to give fair coverage and equitable access to opposition parties, help ensure appropriate media behaviour during elections.
The media have traditionally been understood to refer to the printed press as well as radio and television broadcasters. In recent years however, the definition has become broader, encompassing new media including online journalism, and social media. Citizen journalism is widely gaining traction, including in countries where traditional media is either controlled or strictly regulated.
A prime concern of media coverage of elections is the right of voters to full and accurate information, and their rights to participate in debates and dialogue on policy matters and with politicians. Inherent to this task is the entitlement of parties and candidates to use the media as a platform for interaction with the public. Furthermore, the Electoral Management Body (EMB) has a need to communicate information to the electorate – and to a variety of other groups, including the political parties and candidates. The media themselves have a right to report freely and to scrutinize the whole electoral process. This scrutiny is in itself a vital safeguard against interference or corruption in the management or conduct of the electoral process.
Media and Elections 9
The relationship of the EMBs to the media is hence a multifaceted one, including: