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.