A
number of countries have opted to create a specialized body whose
responsibility is to regulate media during election periods - that is, it is
neither a general election administration body nor a general media regulatory
body. This option has been seen most often in transitional elections in which
the role of the media is expected to be particularly problematic for some
reason.
Thus,
South Africa, in 1994, established an Independent Media Commission in addition
to a widely respected Independent Electoral Commission (IEC). The law
establishing the IMC went to some lengths to ensure the independence and
competence of the commission through its membership. The chairperson was to be
a judge or senior lawyer, while at least two other commissioners (out of a
maximum of seven) were to have media experience - one in print and one in
broadcasting. The commissioners were to be persons of high standing who
"when viewed collectively, represent a broad cross-section of the
population of the Republic". Various categories of people were
disqualified from being commissioners, including state employees, office
bearers in political parties, and those with a financial interest in the media.[i]
But it was a solution that was only adopted and retained for the one election.
In subsequent South African elections, responsibility has rested with a
combination of the IEC and the independent broadcasting regulator.
The
Media Experts Commission (MEC) in Bosnia-Herzegovina was also a specialized
body for regulating the media in elections. It was only in existence for a
short transitional period. Part of its rationale was that inflammatory material
in the media of the former Yugoslavia had played a significant part in inciting
violence, resulting in civil war and the break-up of the federal republic.
Where the MEC was unique was that it was an international body, operating under
the Organization for Security and Cooperation in Europe (OSCE), rather than
being part of and answerable to any Bosnian structure. The MEC was in existence
for two years, from 1996 until 1998.
Afghanistan
establishes an Electoral Media Commission (EMC) to regulate media at least 60
days before each election. Comprising of five members drawn from different
backgrounds, the Media Commission:
- Monitors
the coverage of the electoral campaign by the mass media;
- Addresses
complaints that allege breaches of fair reporting and coverage of the political
campaign, and other violations of the Mass Media Code of Conduct;
- Sets
up and oversees presidential candidates’ roundtables that provide each
presidential candidate with free-of-cost airtime on radio and television;
- Verifies the silence period in the media during
the 48 hours before the commencement of polling and on E-day.[ii]
This EMC uses two
Codes of Conduct (one for private and one for public media) that journalists
must sign if they wish to receive accreditation to electoral events. It has the
power to assess complaints against the media and give orders to the media if it
believes the Codes of Conduct have been violated. However according to some
observers, the EMC has lacked the teeth or institutional relationships to
ensure that many of their orders were followed up in a timely manner.
[iii]
[i] “Independent Media Commission Act, 1993” [No. 148 of 1993] - G 15182,
Articles 4 - 6
