What
we refer to here as the "publicly owned" media covers a variety of
different phenomena: from media that are under tight government control of
their editorial content to those that are funded out of money raised from taxes
and licence fees, but with a statutory guarantee of their total independence
from the government of the day (see section on Media Ownership and Elections for more information).
The media or election law usually treats public media similarly - and as
distinct from the private media, which are held to have different obligations.
Public
media, by virtue of their source of funding, are a resource for the entire
electorate. It is generally accepted that they should not be politically
partisan in their editorial coverage. This was the view set out by the UN
Special Rapporteur on Freedom of Expression, in his 1999 report, when he spoke
of the obligation of the state-owned media to give voice to a variety of
opinions and not to be a propaganda organ for one particular political party.
Also, they have particular obligations to provide civic education, as well as
to provide a platform for the different political parties.
This
point is fundamental. Use of a public resource for partisan political
campaigning carries all the same legal and ethical implications whether the
resource is funds, a vehicle, a building, or a radio station. That is why there
are so often clear laws or regulations protecting public media against
government interference.
The
obligations of the private media are far fewer. The essence of a free media
environment is that broadcasters and journalists are not told what they may or
may not say or write. The best guarantee that the variety of political ideas
are communicated freely and accurately is often understood to be for the media
to be allowed to get on with their job unhampered. But this does not mean that
private media have no obligations at all. Professional journalistic standards
will demand accurate and balanced reporting, as well as a clear separation of
fact and comment.
Broadcasting
stations usually have their licences allocated by a public body. This will
often come with terms attached about whether they are allowed to support any
political party; what, if any, news coverage they are allowed to broadcast; and
other conditions such as whether they have an obligation, for example, to
broadcast public service announcements such as voter education spots.
Likewise,
any general laws or regulations relating to media reporting will probably apply
equally to both public or private media: for example, provisions relating to
"blackout" periods before the vote or the coverage of opinion polls.
Similarly, general legal provisions such as the law of defamation - although
they may be somewhat modified in their effect during the campaign period - will
still apply equally to both public and private media.
