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?