There are laws, bylaws, and local ordinances affecting printing and publication.
When this is handled by a publisher who has been in the field and knows what laws apply, the educator's job is made easier. But publishers often do not deal with material conveying political messages. And they may not have a good understanding of local ordinances in places where they do not usually distribute. In transitional settings, legislation may be in flux with national laws and local ordinances sometimes at odds.
It is best to have at least a working knowledge of the current laws and how these may affect printing and distribution. There is nothing more disheartening, costly and time wasting than having to reprint a batch of materials because something was left off, placed incorrectly or worded improperly. It is bad enough if it is an error of substance, most frustrating if it turns out to be merely a small legal requirement making no difference to the substance of the publication.
Laws related to printed materials can affect such concerns as identifying information, content, technical requirements, distribution methods and commercial restrictions.
Content Restrictions
It is possible for an election or a civic education programme to be conducted in a country that has censorship laws. These may be widespread or may come and go during the election process as governments invoke or revoke national and local states of emergency or martial law.
There may be laws that apply during election periods only. For example, newspaper opinion pieces and headlines (and by extension other publications of a newspaper type) may have to have an identifiable author whose name and street address are published during declared election times in order to enforce accountability.
There will inevitably be general laws governing public expression. Some countries have a very free regime for publishing; others have restrictions regarding the use of the national flag, symbols, pictures of political leaders, language and slogan restrictions, and so on.
Technical Restrictions
A second set of restrictions are those revolving around technical issues. Newspapers may be defined in a certain way and require registration, the same may apply to publications looking like comics, journals, magazines or pamphlets. The regulations can include requirements on what information is given on the ownership of the publication, its staff, its place of business, the printing works from which it originates, and so on. There might also be a legal requirement to lodge copies with one or more copyright repositories or libraries before or after publication.
In the case of ephemeral articles such as posters, fliers, and small handouts, there may be requirements that details about the distributor and publisher and possibly the printer, as well as information on the print run be included on the item.
There are good reasons why much of this information should be on a publication in any event (see How Copyright Affects Voter Education Programmes) and there is always the possibility that the material may have to be recalled or may be confiscated if it does not comply with local laws.
Distribution Restrictions and Opportunities
Often local municipalities have strict laws governing the display of posters, handing out of materials at public places, and leaving materials for the public to pick up. These laws are normally a part of a general environmental control and can make compliance easy.
There may be more general laws governing the distribution of materials in countries that are less open. It is also important to take these into account as they may affect not only the producer of the material but the user as well.
Some countries have made allowance for easy and cost-effective distribution of printed material through the post. There are ways of identifying and packaging newspapers, special mail, low-priority communications, and so on, which then ensures that they obtain cheaper distribution rates. There is a need for educators working on limited budgets to explore such opportunities, which are not always widely publicized.
Commercial Restrictions
There is invariably commercial protection of copyrights, images, and logos, which small printers and publishers often use to create attractive materials. It is not possible to use photographs or images without checking to see that they are available in the public domain. [1]
The restrictions mentioned above come about for a variety of reasons. In some cases, the motivation is entirely constructive. But even environmental bylaws have been used by some regimes to restrict the free flow of information. While some election management bodies may have carte blanche in countries that otherwise restrict information, others may have to argue strongly to get their information exempt from restrictions that limit their ability to convey the necessary messages.
These same bodies should be vigilant not only for themselves but also for the non-statutory organisations and associations that are providing electoral support. They may also want, if they intend to develop a strategy of including civil society organisations in the educational programme, to provide guidance for smaller organisations that may have difficulty navigating their way through the shoals of the law.
Notes:
[1] For images which can be used and a discussion of public domain materials, see Where There Is No Artist.
