The role of media in elections is governed by a growing body of law, both at the national and international level. It is important to understand that this jurisprudence is directed overwhelmingly at regulating the behaviour of governments in relation to the media, rather than in regulating the media themselves.
The fundamental principles set out in international law embrace two aspects:
- the right to freedom of expression and freedom of information
- the right to participate in the government of the country, through elections
In their original form these are set out in Article 19 and Article 21 of the Universal Declaration of Human Rights, adopted by the United Nations in 1948. They are echoed in a number of UN and regional human rights treaties adopted since then. Decisions of the various treaty bodies, such as the UN Human Rights Committee, the European Court of Human Rights and the Inter-American Commission on Human Rights, have further refined these principles making them an increasingly rich and applicable source of legal guidance.
A further source of international law on media and elections is to be found in the decisions of other types of international institution, such as the United Nations Special Rapporteur on Freedom of Opinion and Expression, who in 1999 laid out a number of important principles on the role of media in elections and the obligation of governments to guarantee media pluralism (see Obligation of Pluralism).
The approaches of other international bodies - such as UN administrations in internationally supervised elections - also provide a source of 'soft law'. That is, they have no binding power over UN member states, but they provide an important indication of prevalent international standards.
In addition to the international sources of law, many national laws and decisions of national courts provide a source of comparative law. In many countries, especially those with a common law system, decisions of other national courts may be invoked as a source of guidance and precedent. Again they have no binding power, but, depending on the seniority of the court whose decision is being cited, judges will take serious note of its reasoning and findings.
