The Question

This question was posted on behalf of Eka Siradze-Delaunay, member of the Practitioners' Network from Georgia

I am looking for examples of regulations that prevent or restrict the use of photography and filming by journalists or domestic observers inside polling stations (naturally excluding ballot booths).

Summary of responses
Burundi, Bulgaria, and a provincial election in the Democratic Republic of Congo are cited are examples where voters must hand in any type of camera upon entering the polling station. This is in order to protect the integrity of the vote and prevent voters from being able to show others who they voted for.

In the Iraqi Council of Representatives election of 2010, the procedures issued by the EMB prohibited journalists from entering polling centres with electronic equipment – other than those pre-approved. The rationale behind this decision was security concerns. 

Examples of related ACE Articles and Resources
Encyclopaedia:
• Media Access to Polling Stations

Names of contributors
1. Bucumi Julius
2. Velko Miloev
3. Hubert Kasiwa Muliro Mufuya
4. Jacky Sutton

Regulations that prevnt or restrict the use of photography and filming by the journalists or domestic observers inside the polling stations is inspired by:

- the standard principle of respect of secrecy of vote. This is an obligation for an EMB to ensure the respect of the secrecy of vote in election management. This includes the non use of cameras or any means which can take photo of casted vote. No one is allowed to know the choice of the voter. It is not anly domestic observers but even international observers.

For credibility or archives purposes, photo may be taken from a distance in a such manner that the secrecy of vote is presreved. The observers have the principles guiding them. You can google and find these principles for international observers. National ones are also bound by them.

- Credibility of the process. The EMB must take measures to avoid intimidation and corruption in an electoral precess. In Burundi, during the 2010 general elections, we took decision to forbid to enter in the polling booth with any tool that can take photo. That ensures that no one can take photo of his/her choice on the ballot paper to show the candidates the choice. The candidates may corrupt or intimidate the voter and the electoral process is not any more free and fair.

Therefore, regulations must take into account the above fundamental aspects for the free and fair elections.

Julius Bucumi

Commissioner in Charge of Electoral Operations, Logistics and Legal Affairs

Burundi EMB

The 2010 “PROCEDURES FOR POLLING AND COUNTING FOR THE IRAQI COUNCIL OF REPRESENTATIVES ELECTION” issued by the Independent High Electoral Commission contain the following limitations for journalists:
•    No interviews are allowed inside polling stations.
•    Media representatives are prohibited from accessing or filming behind a voting screen.
•    Media representatives are not allowed to carry any electronic equipment (cameras, recording devices) except in certain polling centres identified previously by the IHEC.
There are no similar or related prohibitions for filming in the Iraqi electoral law or in IHEC regulations that I am aware of. I assume this restriction was introduced for security reasons. However, in Afghanistan in 2009 where terrorist threats around polling centers were also significant, the polling manual was actually reminding polling officials that accredited media teams might have camera men escorting them and these should be granted access.
In Bulgaria voters are supposed to leave with the polling station committee their cell phones, cameras and any other “recording devices” for until they have cast their ballot. The reason is the same as the one in Burundi mentioned above.
I can’t recall having faced any formal, legal restrictions of that kind concerning observers and I would be glad to read more comments on this in the context of using social networks for documenting electoral events, including through photos and videos.

En RDC, la législation électorale autorise la présence des journalistes nationaux et internationaux au même titre que les observateurs nationaux et internationaux d’être présent à tous les étapes du processus électorale et spécialement dans le bureau de vote. L’utilisation des cameras et des appareils de photos est permis pour immortaliser l’évènement et non pour divulguer le secret de vote   et donc il n’est pas permis de filmer un électeur dans l’isoloir entrer d’exprimer son suffrage sur le bulletin de vote. Une élection au second degré vient d’avoir lieu dans une de province de la R.D.Congo il a été demander aux électeurs de ne pas être en possession de leurs téléphone cellulaire pour éviter la divulgation de leurs choix en photographiant le bulletin de vote coché .Donc la présence de la presse doit servir à donner l’information et non à divulguer le secret de vote.

KASIWA MULIRO M. Hubert

Éducateur Civique et Électoral

CENI/R.D.Congo

With regard to the comment on Iraq's procedures, yes, security was the main issue in the 2010 Parliamentary elections. However the unduly restrictive procedures were also a reflection of the nature of the EMB itself, which has emerged from what can only be called a culture of punitive control of Article 19 freedoms. The procedures and regulations are developed through a process of negotiation between electoral advisors and the EMB and are therefore sui generis rather than exemplary. Best, Jacky Sutton, IFES External Relations Specialist, Iraq