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Implementation Mechanism: Elections Media Commission

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

[ii] “Electoral Media Commission”, Independent Electoral Commission of Afghanistan webpage, accessed September 3, 2012, http://www.iec.org.af/2014-01-21-04-25-48/pressr

[iii] For example, see “Final Report: Presidential And Provincial Council Elections, Islamic Republic Of Afghanistan, 20 August 2009”, (European Union Election Observation Mission, 2010) http://eeas.europa.eu/afghanistan/docs/2010_election_observation_afghanistan_final_report_0809_en.pdf