International
standards generally encourage direct access broadcasting, particularly in new
democracies.
According
to the EU, particularly “in a media system characterised by a private
audio-visual media sector shaped along political lines, state broadcasters have
a particular responsibility to be a genuine public service and create a forum
for all campaign messages during the election period.”[i]
An
electoral framework will need to stipulate about how media are to allocate
direct access broadcasts. Legislation to this extent must be comprehensive and
carefully worded. Problems can easily result from vague rules and procedures.
For example, according to the OSCE who observed the 2001 election in
Kazakhstan, there was “[c]onfusion in the provisions on direct access to
airtime regarding candidates and parties and the timing of slots, as well as a
failure to differentiate between established and new parties in terms of such
access.” This report by OSCE also states that there were no provisions to allow
media to refuse to broadcast a campaign advertisement (in defined
circumstances), nor to protect media outlets from liability for statements made
in campaign advertisements.[ii]
Paid
Advertising, Free Access, or a Mixture of the Two?
Regulatory
frameworks will need to stipulate whether direct access to media by political
parties will be free or paid or, as is often the case, a mixture of the two.
Sometimes all parties are allocated free direct access but can top this up with
paid advertising. Different rules are also often adopted for print and broadcast
media.
How
Is Access Time or Space Divided?
In a
system of paid advertising, this may not be an issue - time is simply allocated
to those who can pay. (Many would argue that this is why paid advertising is an
unfair option.) However, if direct access broadcasts are to be allocated by a
regulatory body, how will this be done? What criteria are required to divide
available broadcast time or print space? Is it to be done on the basis of
equality, so that every party gets the same time, or equitability (fairness), whereby parties are allocated time
according to the degree of popular support they enjoy. If the latter, then, how
is popularity determined? Should access time be allocated on the basis of
previous elections (the number of seats currently held in parliament), opinion
polls, the number of candidates standing - or some other criterion or a mixture
of all of them? Different countries have adopted widely varying systems.
Timing
of Slots
Will
there be regulation about the times that slots are broadcast? If everyone is to
get a chance to broadcast in peak time, how can slots be allocated? What order
will the parties be allowed to broadcast in?
Who
Pays - and Who Makes the Programme?
Will
candidate or party be responsible for making its own broadcast or print content
or will the public broadcaster make facilities available? And who foots the
bill for the production of this content?
Who
Decides What is Broadcast?
Does a
regulatory body have any say in the content of direct access broadcasts or
political advertising? May the parties and candidates say what they like? What
are the limits?
[i] “Final Report, Parliamentary Elections, Lebanon, 7 June 2009”, (European Union Election Observation Mission, 2009), 31,
http://www.europarl.europa.eu/meetdocs/2009_2014/documents/dmas/dv/rapport_final_/rapport_final_en.pdf
[ii] “Review Of The
Legal Framework For Media Coverage Of Elections, Republic Of Kazakhstan,” (OSCE
/ ODIHR report, 2001), http://www.osce.org/odihr/elections/kazakhstan/14794
