There are several possible ways in which a regulatory body may address the problem of hate speech.
Prior Approval of Direct Access Material
The regulatory body may require that all direct access material be submitted to it in advance to ensure that it conforms to certain legal or voluntary agreed standards for political speech. Whether such an approach is taken is likely to depend on whether the country has an immediate history of inflammatory speech as a serious political problem. The drawback in principle to such an approach is that it may be seen as an interference in political speech and smack of prior censorship. The difficulty in practice is that it imposes an additional administrative burden on the regulator.
Codes of Conduct
However no such possibility presents itself in relation to news coverage: international law and practice entirely rejects "prior restraint" or pre-publication censorship. The problem of inflammatory speech will therefore have to be addressed primarily at source - that is, with the political parties and candidates themselves. This would be best achieved with a code of conduct agreed between the parties in advance of the election campaign. Sometimes, as in Cambodia's post-conflict elections, such a code will have the effect of law.
Complaints
The problem of unprofessional or biased reporting of statements by politicians will have to be addressed primarily through the complaints mechanism established by the regulatory - whether this be a media regulator or an election authority. The most effective remedy will be to allow correction of inflammatory material through a right of reply. There are useful examples of this from Bosnia and the United Kingdom.
Promoting Professional Standards
The most important measure that the regulator can take to promote balanced and unprovocative reporting of inflammatory statements is to ensure adherence to professional standards among the media. In doing this, collaboration with the journalists' own professional and trade union bodies will be vital. The regulatory body may also wish to engage in training of journalists in election reporting.
