The
media cannot cover elections properly if they are unable to gain access to
relevant events and places. This is obvious enough, but unfortunately many
countries that are embarking on democratic elections for the first time may
have little experience of the culture of media freedom. The purpose of laws or
regulations on media in elections - and the function of a regulatory body - is
to create an environment in which the media can go about their business freely.
Elections are not state secrets to be winkled out by dedicated investigative
journalists; rather, they should be conducted in the public eye. There is thus
an argument of principle that journalists should be given the fullest access to
election events. For the body organizing the election, there are also pragmatic
considerations: if the media are present at all relevant events, such as
briefings and news conferences, then it will be much easier for an electoral
administration to convey its messages and concerns to the public. In addition,
transparency will result in more credible elections which means more
credibility for election organisers.
For
example, the Carter Center, which sent an international election witnessing mission
to the ground-breaking 2012 presidential elections in Egypt, regretted the fact
that
The [Presidential Elections Commission – PEC] informed the
Center that only their election officials can be present at the PEC's Cairo
headquarters during the aggregation of national results. The absence of
candidate agents, media representatives, and domestic and international
witnesses at this crucial juncture of the election process undermines the
overall transparency of the election results.[i]
In
Timor Leste in 2011, the Electoral Commission made the following regulations as
part of a Media Code of Conduct:
The right of access provided for
in the preceding article shall be exercised in the following terms:
a) For
purposes of media coverage, media professionals shall have the right to accede
to places where the entire electoral process takes place, including
presentation of candidacies, electoral campaign activities, voting, counting of
votes and tabulation of results;
b) The
right of access shall allow media professionals to watch the counting and
tabulation of votes, without prejudice to the provisions of the following
norms;
c)
Prior to initiating reporting in polling centres, polling stations, and district
and national tabulation stations, media professionals shall obtain
authorization from the chairperson of the polling centre in order to avoid
disturbing the normal functioning of the polling centre.[ii]
In
order to ensure access to certain activities of the election - for example, the
count - it may be necessary for an electoral administration to establish some
form of media accreditation. In principle, however, this should not be
necessary for all events, as the ultimate responsibility for determining who is
or is not a journalist should lie with the relevant media professional bodies,
not the state.
It is
important that access be non-discriminatory. It would be unacceptable for
example, if journalists from certain media organs were excluded from rallies by
certain political parties. It should be an explicit element of the parties'
code of conduct that they allow free access of all media to all their public
events. It would be worse however, if electoral authorities themselves were to
exercise any discrimination in determining which media were given briefing
materials or invited to a press conference.
Media right of access
are directly tied to principles of freedom of information necessary to a
democracy. Freedom of information means, among other things, that the media are
entitled to investigate and report critically on the efficiency and probity of
election administration. This scrutiny should not be considered interference
with the election organization but rather as a means to promote credibility and
efficiency. Efficiency results from broad accountability: if the media have
good access to those organizing the elections, then they will convey their
concerns rapidly to the public. This functions as an effective, no-cost method
of voter education.
[ii] “Code of Conduct for Media Professionals for
Presidential and Parliamentary Elections, No. 09/Stae/X/2011,” National Electoral Commission (STAE)
webpage,
http://www.unmit.org/legal/RDTL-Law/Public%20Inst-Regs/09-STAE-X-2011.pdf
