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Equal or Equitable Direct Access Coverage?

One of the fundamental decisions to be made in organizing direct access broadcasts by the parties is whether slots are to be allocated on the basis of equality or equity. Equality, clearly, means that every party or candidate gets the same access. Equity means that everyone gets fair access - the idea being that a party with large popular support should have more airtime than one that does not.

 

The Argument For Equality

The argument for equal direct access coverage stipulates that everyone is provided an opportunity to present their point of view to the electorate. It will be the electorate that chooses, rather than a broadcaster or an electoral regulator. This is a simple system to administer and everyone can understand it. It is particularly attractive in a first or second democratic election when there is no sure way of knowing how much support the different parties has. Some countries that use versions of equality in direct access are:

France

The formula for allocating direct access broadcast time in the French presidential elections is one of equality for all candidates, who usually number about 14. If no clear winner emerges there is a second round run-off between the two leading candidates, and again air-time is allocated equally between them.[i]

Denmark

Denmark allocates equal time to all political parties in parliamentary elections, so long as they satisfy certain basic criteria: they must have been registered with the Ministry of the Interior, which requires that they will have collected signatures equivalent to one in 175 of the votes cast at the last election.[ii]

Norway

In Norway, time is allocated equally, but again certain criteria must be met. Parties must have been represented in one of the last two parliaments, have a national organization and be fielding candidates in a majority of districts. Smaller parties that do not meet this threshold nevertheless have a short programme.[iii]

Italy

The state broadcaster, RAI gives equal time to all competing parties in an election. However, private commercial broadcasters have no such obligation.[iv]

Czechoslovakia

In Czechoslovakia's first democratic election, all parties received the same allocation of broadcast time - a total of four hours over a campaign period lasting 40 days. The slots were then divided up into slices of different time lengths. The exact schedule was then determined by lots.[v]

Armenia

Armenia gave equal access to each party,[vi] but the amount was limited to five minutes for each candidate or party. This avoided the problem of information overload but perhaps created an opposite problem. Was this really enough information for the voter?

Japan

Japan has a system of equal access but with a minimum qualification threshold. In order to receive equal broadcasting time a party must field at least 12 candidates. In the Upper House, however, all candidates receive five and a half minutes of free broadcasting time.

Netherlands

The Netherlands, like Japan, has a system that is a sort of modified equality. In principle all parties have equal broadcasting time. However, the regulatory body, the Media Commissariat, may allocate extra time to parties running candidates in all electoral districts.[vii]

The Argument Against Equality

Equality gives a built-in advantage to the incumbent party, which has many other opportunities to convey its policies through the media. What equality does is to promote the no-hope opposition parties at the expense of those with a genuine possibility of ousting the ruling party. Equality may also mean that there is simply too much material being generated for the electorate to absorb. They will get bored and the direct access process may become a waste of time. Again this is likely to favour the incumbent.

Another argument against automatic equal access is that it will encourage frivolous candidates who are only interested in the free publicity.

 

The Argument For Equity

If direct access is allocated on a fair (or equitable) basis, this ensures that all parties are given an opportunity to speak to the electorate, roughly in proportion to their popular support. This means that the electorate gets to hear the arguments between the main contenders for office, while parties with less support also get a say (but a smaller one).

The main considerations for equitable access are likely to be:

  • a party's strength in previous elections
  • the number of candidates it is fielding

There is usually a minimum allocation of time to all parties, or at least to those fielding a certain number of candidates. This is an attempt to address the criticism that an "equitable" approach is not very fair to new parties.

These calculations are more difficult to make in a presidential election, where a candidate may be standing for the first time.

Examples of countries that use a system of equity of access are:

Greece

As of 2002, all informative (as opposed to entertainment) television and radio stations, whether public or private, are obliged to provide free airtime of ten minutes each week (not to be shifted or aggregated) for parties and coalitions of parties represented in the Greek and European Parliaments. Non-parliamentary parties are also allowed free airtime, at a rate of five minutes of for political parties with lists in least three fifths of constituencies of the country; and three minutes for parties with lists in at least half of constituencies.[viii]

Spain

Spain uses a formula to determine allocation of free airtime. As of the mid-1990s, this formula was: parties that did not win seats in the previous election have ten minutes' broadcasting time. Parties that won less than five per cent of the vote have 15 minutes' broadcasting time. Parties that won up to 20 per cent have 30 minutes and those that won more than 20 per cent have 45 minutes' broadcasting time.

United Kingdom

A committee of broadcasters and political parties at each election reviews the formula for allocation of broadcasting time.  It is roughly as follows: all parties fielding 50 or more candidates are allocated one free broadcast. The two main parties receive equal broadcasting time - usually about five ten-minute broadcasts. The third main party receives slightly less - usually four ten-minute slots.[ix]

Israel

All parties contesting an election are given a basic allocation of 10 minutes broadcasting time. Parties that were represented in the outgoing Knesset (parliament) receive an additional three minutes for each seat they held.[x]

Turkey

All parties contesting the election are entitled to ten minutes broadcasting time. Parties with parliamentary representation may receive an additional ten minutes. In addition, the governing party is entitled to an additional 20 minutes, and the main opposition party to another ten minutes.[xi]

 

The Argument Against Equity

This system is an obstacle to the emergence of new parties, since it is always based on what support they achieved last time. And what if there was no last time? How is popular support determined in a first democratic election? The system could thus be open to abuse.

 

And the Answer?

There is no right or wrong answer to this problem, as can be seen by the variety of solutions in both well-established and new democracies. But the different approaches may suit different political systems better. Here are some further considerations:

  • Equality may work better when there are fewer parties or candidates. When there are too many then the "cake" may have to be cut into impossibly tiny slices, or made so large that there is too much election broadcasting for anyone to take in.
  • Equality may work better in a new or "transitional" democracy. This perhaps contradicts the previous point, since new democracies often have many parties (and ruling parties in new democracies may encourage this). But the point is that if there has been no previous democratic election, then there will be no commonly agreed measure of how much popular support each party has.
  • Conversely, equity may work better in an established democracy where there are clear measures of past electoral support. Or are the equality advocates right, and does this just obstruct the emergence of new political alternatives?

But even these considerations are only pointers. Many established democracies - France, Italy, Denmark - allocate direct access broadcasting in the public media on the basis of equality (in at least some elections). And many new democracies -, Brazil, Namibia - allocated time on a proportional or equitable basis.

Whichever approach is adopted, its success will depend in large measure on the credibility and impartiality of the regulating body that allocates the broadcasts. This is a very strong argument for having the political parties themselves involved in drawing up the regulations governing media and elections. Parties are more likely to be committed to a process in which they have been consulted and have contributed to designing the system.

All these arguments clearly apply primarily to criteria for allocating direct access time - that is, direct access broadcast programmes that are available free to parties. Paid political advertising, where it is allowed, will usually be on the basis that parties can have as much direct access time as they can afford (or as they are allowed within campaign spending limits). But this may not always be the case. And if limits are to be applied to paid advertising, then the same considerations of equality and equity may apply.



[i] Anne Johnston and Jacques Gerstle, "The Role of Television Broadcasts n Promoting French Television Candidates", in Political Advertising in Western Democracies, eds. Lynda Lee Kaid and Christina Holtz-Bacha (London/Thousands Oaks: Sage Publications, 1995)

[ii] Karen Siune, "Political Advertising in Denmark", in Political Advertising in Western Democracies, eds. Lynda Lee Kaid and Christina Holtz-Bacha (London/Thousands Oaks: Sage Publications, 1995)

[iii] Ibid

[iv] Gianpiero Gamaleri "Italy and the 1994 Elections: Media, Politics and the Concentration of Power", in Media and Elections: a Handbook, eds. Yasha Lange and Andrew Palmer, (Dusseldorf: European Institute for the Media, 1995)

[v] “Library of Congress, Law Library, Report for Congress: Campaign Financing of National Elections in Selected Foreign Countries” (Washington, DC: July 1995, LL95-4, 95-1354), 58

[vi] “Report: Observation of the parliamentary elections in Armenia (12 May 2007)” (Council of Europe, 2007), http://assembly.coe.int/ASP/Doc/XrefViewHTML.asp?FileID=11577&Language=EN

[vii] Kees Brants, "The Blank Spot: Political Advertising in the Netherlands", in Political Advertising in Western Democracies, eds. Lynda Lee Kaid and Christina Holtz-Bacha, (London/Thousands Oaks:, Sage Publications, 1995)

[viii] “Greece: Early Parliamentary Elections 4 October 2009”, (OSCE/ODIHR Election Assessment Mission Report, Warsaw, 2009),15, Http://Www.Osce.Org/Odihr/Elections/Greece/41001

[ix] Brian Wenham "The United Kingdom: Impartial broadcasters and a Partisan Press", in Media and Elections: a Handbook, eds. Yasha Lange and Andrew Palmer (Dusseldorf: European Institute for the Media, 1995)

[x] Library of Congress, Law Library, Report for Congress: Campaign Financing of National Elections in Selected Foreign Countries. Washington, DC: July 1995, LL95-4, 95-1354: 58

[xi] Library of Congress, Law Library, Report for Congress: Campaign Financing of National Elections in Selected Foreign Countries. Washington, DC: July 1995, LL95-4, 95-1354: 194