Media In Elections

1. Media In Elections Simon Haselock

2. Introduction • Short Presentation on the main issues – Followed by questions and discussions. • Two areas: 1- Mechanisms 2- Issues

3. Topics of Discussion • Fair reporting and equitable access • Advertising • Media Obligations and direct access programs • Opinion and exit polls • Media Silence • Incitement and Public Order • Rights of reply • Limitations on Media Liability • Violations, sanctions and implementation.

4. Mechanisms Elements of most systems: • Institutions: Elections Commission. Independent Regulatory Agency. • Law • Licences • Rules and Codes • Guidelines. • Campaign period. • Due process

5. Fair Reporting & Equitable Access • Fair Reporting: Balanced and Unbiased Fair and Impartial Hear and represent all opinion • Equitable Access: Proportionate not necessarily equal Public/Government media equal Fairness in time and placement NB:Judgement required for Government officials in office. News or campaign?

6. Political Advertising Decision to take whether to allow paid political advertising? IF YES: • Equitable terms (Pricing and total funds allowed) • Equitably applied (Have to sell space to all) • Clearly identified and distinguishable from other programming. • Limits on time per hour for ads and spots

7. Obligations of Broadcasters • Voter Education • Allocation of Air time ( Ballots etc) • Direct access programs (Political debates discussions news coverage etc.) NB. Particular obligations of Public Media.

8. Opinion Polls • Report fairly and not selectively • Explain context • Identified who carried out the poll, where, when and method. • No reporting on opinion polls at least 72 hours before election day. • No reporting on Exit polls until voting closed.

9. Media Silence • Media Silence Period normally 48 hours before polling day • No campaign programming • No political advertising. • Yes for voter education up to and throughout polling day. • Only news coverage of events and incidents. NB: Importance of campaign Period.

10. Incitement & Public Order. To be considered only if conditions warrant. • Clear and imminent risk of inciting violence, disorder or ethic/religious hatred. • Clear risk of public harm, death, serious injury or damage to property.

11. Right of Reply • If a candidate can show he has been significantly and unjustly affected by inaccurate information. • Only applies to incorrect facts. • Not required if a correction or an apology provided.

12. Limitations on Liability Media should not be held liable for violations if: • They had no opportunity to prevent dissemination • And they took steps to mitigate its effect and impact.

13. Violations, Sanctions & Implementation. • Clear and transparent process for complaints and adjudicating violations. • To include an appeals process • Through Audio Visual Council or the Commissions own mechanisms? • Range of sanctions from warnings through fines to suspension and closure • Public information campaign on procedures • Consultation on Codes and rules before enactment with profession and public

14. Questions?