Existing Media Regulatory Frameworks —
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Existing Media Regulatory Frameworks

A vital part of the media environment - and one that will be of particular relevance during an election - is the existing regulatory system. These come in all shapes and sizes but, for the sake of convenience, can be broken down into three main types:

  • Broadcasting regulator: these will exist in some form wherever there is broadcasting. Their basic function is to allocate frequencies to the broadcasters. To some extent, this will entail deciding who gets a licence to broadcast and who does not. It may also involve drawing up the terms of a licence to prescribe what type of content the licensee may or may not broadcast. It may also include a complaints mechanism.
  • Voluntary media council: this is a form of self-regulation that is very common among print media especially. Media councils may develop codes of conduct, consider complaints and conduct training of journalists. This is not, however, a mechanism for licensing journalists or determining who may practice.
  • Other statutory regulator: a large variety of institutions fall under this heading. These range from constitutional bodies designed to ensure the independence of the media to state licensing authorities that control who may publish a newspaper or practise as a journalist.

The regulatory system will in many cases have a considerable influence on the independence and professionalism of the media. A system that is under tight governmental control is unlikely to promote pluralism and diversity among the media. A voluntary system, or one with strong legal or constitutional guarantees of independence, can safeguard pluralism in the media from government interference and can help to develop professional skills and standards.

An independent and trusted regulatory body can be important in an election, since it may take on some or all of the specialized functions involved in regulating the media during an election campaign.

Encyclopaedia

Introduction
The Media Landscape Today
Legal Framework for Media and Elections
  • International Law on Media and Elections
  • Media and Democracy
  • Obligations of Pluralism
  • Freedom of Political Debate
  • Right of Access to Government Media
  • Publishing Opposition Views
  • Right of Reply to Media Reports during Elections
  • Limits to Liability of Media During Elections
  • Restrictions on Political Speech
  • Criticism of Politicians and Government
  • Right to an Effective Remedy
  • Protecting the Safety of the Media
  • National Law or Regulations on Media During Elections
  • Who Should be Involved in the Drafting Process?
  • A Specified Campaign Period?
  • Different Obligations of Public and Private Media
  • Provisions that Affect Both Private and Public Media
  • Implementation Mechanism for Media and Election Regulations
  • Implementation Mechanism: Existing Media Regulatory Body
  • Implementation Mechanism: Media Self-Regulation
  • Implementation Mechanism: Electoral Commission
  • Implementation Mechanism: Elections Media Commission
  • Implementation Mechanism: Judiciary
  • Complaints Procedure on Media Coverage
  • News Blackouts
  • Regulating Coverage of Opinion Polls
  • Policies on Hate Speech and Defamation
  • Journalists' Right of Access to Election Events
  • Provisions for Public Media
  • Provisions for the Private Media
  • The Gap between Law and Practice