The domination of the election process by the media in Western democracies, particularly in
recent years because of television, can overwhelm daily life during an election period. The
election, some say, is won or lost by a party's performance on television and to a lesser extent
radio. Given that television dominates certain countries' elections today, it is surprising that the
regulation of broadcasting has a low profile in the legislation governing elections throughout the
world.
In Western and Eastern European democracies, television is the main medium for the parties to
get across their particular messages. Newsprint features high in these areas also, as does radio to
a lesser extent. In other countries, particularly on the African continent, radio plays a very
important part in the election process. Newspapers tend to be partisan, while national television
and radio broadcasting companies are accused of being in favour of the existing government.
There are basically three types of media coverage: free access for candidates and political
parties, paid access for both groups, and editorial coverage through radio, television or
newspapers and magazines.
It is interesting to compare the approaches to media coverage in the United States with the
approach in the United Kingdom. The United States has a paid-access advertising system where
there is little regulation. In the U.K., paid access to the broadcast media is strictly forbidden,
although advertising in newspapers is permitted and used extensively. In the U.K., there is free
access to the broadcast media through 5 to 10 minute party political broadcasts that flood the
screens in the run-up to elections. The political debate, much used in the U.S., has never caught
on in the U.K., although this type of event is considered popular in developing democracies. It is
not usual for the EMB to have any regulatory powers over such debates, although court cases
have been brought in the U.S. in recent years by candidates who were denied participation in
certain debates.
Given the important role the media has to play in the process, one of the items that should be
high on the agenda of any election management body is the regulation of the media. The
commission should consider drawing up guidelines, rules, or regulations that clearly set out the
responsibilities of the broadcasters, editors, candidates, agents, and political parties in relation to
the media.13 The national electoral commission should undertake this role following appropriate
consultation. It is recommended that the commission set up a media subcommittee or task force
especially charged with media responsibilities. This group, in addition to establishing the code
of conduct, should allocate time to parties for party political broadcasts based on a
preestablished allocation formula. The law may also call on the commission to monitor the
appropriateness of the content of political broadcasts. In addition, newspapers should be
examined to ensure that there is accurate reporting of events so as not to misrepresent the views
of candidates or inflame individuals with opposing views that could affect the peaceful conduct
of the election. Suggested functions for the subgroup are set out below. Some countries find it
important to regulate the media's ability to publicise or even conduct opinion polls near elections
and exit polls during elections. In France and India, there are restrictions on such activities in
order that the electorate should not be unduly influenced. Any media subgroup should engage
local experts and representatives of NGOs and take full advantage of their knowledge and
advice. Consideration should be given to inviting foreign organisations specialising in media
issues to independently monitor the media and report to the group their results and
recommendations.
Suggested functions for the media subgroup are as follows:
- work with journalists and media outlets to agree on a campaign code of practice
- supervise the distribution of free and paid access to the media
- ensure adherence to the rules regarding the use of paid political advertising
- hear complaints about the provision of such success
- identify infringements of the electoral law on the part of the media
- monitor the breakdown of editorial coverage of the elections between parties and candidates
and identify clear instances of partiality
- determine allegations of partiality and take appropriate action against offenders
The subgroup should act in an apolitical way, and its composition should reflect the political
makeup of the commission and have as additional members people with experience of all types
of media coverage.
In the event of violations of the electoral law by the media, the subgroup should refer these to
the electoral body. If the media subgroup identifies clear instances of imbalance or partiality, it
should issue a report to the national election body and consider making a statement about such
findings. It is important that any media monitoring begin when the election process begins, and
not just in the week or so before the election. This will help to ensure that a complete picture of
the media coverage is obtained.
The media can play an important part in civic and voter education, and the commission should
use the media to their advantage on public relations matters, ballot and candidate information,
polling arrangements and the voting process. This is particularly important where there have
been recent changes in the law or when constitutional issues need to be publicised.
