The rules and regulations of the Provisional Election Commission for the 1998 election required, without any ambiguity:
"Media and journalists shall not use inflammatory language, hate language, or language which could incite hate or violence." [1]
The Media Experts Commission (MEC) was empowered to impose "appropriate" penalties for repeated violations of this provision. It was also empowered to refer violations to the media regulatory body, the Independent Media Commission.
The MEC and its local Media Experts Sub-Commissions dealt with a large number of complaints during the election campaign, many of them relating to the use of inflammatory language. The remedy provided in most cases was a requirement that a reply, retraction or correction be broadcast or published. The MEC's report of its activities suggests that these recommendations were largely complied with.
However, to the extent that the MEC was successful in minimizing the incidence of hate speech in the 1998 elections, it was probably through general standard-setting in advance of the elections. The fact that the MEC was also seen as a defender of journalists' freedom of expression helped its credibility. The MEC's own evaluation was as follows:
"More was expected of journalists and more was provided to journalists. Consistently, journalists showed improved accuracy in reporting and greater restraint, particularly with regard to libellous, slanderous and defamatory reporting. Reporting in all media during the election period showed heightened professionalism. Equally noteworthy, journalists credited the MEC with raising the bar on professional standards for journalists. The MEC also made substantial progress in documenting violations of journalists' rights and in establishing this as a significant priority for future action in BiH." [2]
[1] Provisional Electoral Commission, Rules and Regulations, Article 9.35.a, in Media Experts Commission, Final Report: Media in Elections 1998, 1998.
[2] Ibid., p. 14.
