A
growing body of law, both at a national and international level, governs the
role of media in elections. It is important to understand that this
jurisprudence is overwhelmingly directed at regulating behaviour of governments
in relation to the media, rather than in regulating the media themselves.
The
fundamental principles set out in international law embrace two aspects:
- the right to freedom of
expression and freedom of information, and
- the right to participate in
the government of the country, through elections.
The
original form these principles are found in Article 19 and Article 21 of the
Universal Declaration of Human Rights, adopted by the United Nations in 1948.
Since then, they have been echoed in a number of UN and regional human rights
treaties. Decisions by various treaty bodies, such as the UN Human Rights
Committee, the European Court of Human Rights, and the Inter-American
Commission on Human Rights, have further refined these principles, making them
an increasingly rich and applicable source of legal guidance.
A
further source of international law on media and elections is found in the
decisions by other types of international institutions. For example, in 1999 the United Nations
Special Rapporteur on Freedom of Opinion and Expression established guiding
parameters for the role of media in elections as well as obligations of
governments to guarantee media pluralism.
The
approaches of other international bodies, such as UN administrations in
internationally supervised elections, also provide a source of "soft
law". This means that the laws do not have binding power over UN member
states, but instead provide an important indication of prevalent international
standards.
In addition to
international laws and treaties, national legislation may also provide guidance
and parameters for media activity and respective regulatory bodies. In many
countries, especially those with a common law system, decisions of other
countries’ courts may be invoked as a source of guidance and precedent. Again
they have no binding power, but, depending on the seniority of the court whose
decision is being cited, judges will take serious note of its reasoning and
findings.
