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.[i] “Executive Summary of Carter Center Preliminary Statement on Egypt's Presidential Election”, Carter Center, May 26 2012, http://www.cartercenter.org/news/pr/egypt-052612.html
[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