Media and Elections

Topic IndexMedia and Elections Endnotes

1. See James Curran and Myung-Jin Park (eds), De-Westernizing Media Studies, Routledge, London and New York, 2000.

2. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, Inter-American Court of Human Rights, Adv. Opn. OC-5/83 of 13 Nov. 1985, Series A no. 5, reprinted in 7 Human Rights Law Journal (1986), 74 and in 8 EHRR 165.

3. Castells v. Spain, Judgment of 23 April 1992, Series A no. 236, para. 43.

4. Thorgeirson v. Iceland, Judgment of 25 June 1992, Series A no. 239, para. 63.

Obligation of Pluralism

5. Adopted by the Human Rights Committee at its 461st meeting on 27 July 1983, UN Doc. A/38/40, 109.

6. Retrofit (Pty) Ltd vs Posts and Telecommunications Corporation, Supreme Court, 1995(9) BCLR 1262 (2).

7. Positive ways and means of facilitating the peaceful and constructive solution of problems involving minorities (Report by Special Rapporteur Asbjorn Eide), Addendum 4, UN Doc. E/CN.4/Sub.2/1993/34/Add.4, part II, paras 11 and 12.

8. UN Transitional Authority in Cambodia (UNTAC), Media Guidelines for Cambodia (1992).

9. Report of the Special Rapporteur on the protection and promotion of the right to freedom of opinion and expression, Mr. Abid Hussain, UN Doc. E/CN.4/1999/64 29 January 1999.

Freedom of Political Debate

10. Lingens v. Austria, Judgment of 8 July 1986, Series A no. 103, at para. 42.

11. Report of the UN Technical Team on the Conduct of a Free and Fair Referendum on the Issue of a One Party/Multiparty System in Malawi (15-21 Nov. 1992), para. 26.

12. The State v. The Ivory Trumpet Publishing Co. [1984] 5 NCLR 736, High Court, Enugu, 31 Jan 1983.

13. Zeveli v. Central Committee for the Elections to the 13th Knesset, and Association for Civil Rights in Israel v. the Israeli Broadcasting Authority, HC 869/92 and 931/92; 46(2) Piskei Din, 692.

Right of Access to Government Media

14. Media Monitoring Project Zimbabwe, A Question of Balance: The Zimbabwean media and the constitutional referendum, Harare, 2000.

15. Media Monitoring Project Zimbabwe, Election 2000: The Media War, Harare, 2000, p.11.

16. Arthur Wina & Others v. the Attorney-General (1990) HP/1878 (High Court: Lusaka).

17. Ibid.

18. Rambachan v. Trinidad and Tobago Television Co. Ltd and Attorney-General of Trinidad and Tobago, decision of 17 July 1985 (unreported).

19. Establishment and Terms of Reference of the UN Observer Mission to Verify the Electoral Process in Nicaragua (ONUVEN), The Situation in Central America, UN GAOR, 44th Sess., 'Threats to International Peace and Security and Peace Initiatives,' UN Doc. A/44/375 (1989), Annexe 1, at 3.

20. Report of the UN Technical Team on the Conduct of a Free and Fair Referendum on the Issue of a One Party/Multiparty System in Malawi (15-21 Nov. 1992), para. 27.

21. UN Transitional Authority in Cambodia (UNTAC), Media Guidelines for Cambodia (1992), pream. para. 4.

Publishing Opposition Views

22. X and the Association of Z v. the United Kingdom, European Commission on Human Rights, Admissibility Decision of 12 July 1971, App. No. 4515/70, 38 Collected Decisions 86 (1971).

Right of Reply

23. UN Transitional Authority in Cambodia (UNTAC), Media Guidelines for Cambodia (1992)

24. Manubhai Shah v. Life Insurance Corp. of India [1992] 3 SCC 637.

25. Belize Broadcasting Authority v. Courtenay and Hoare, Court of Appeal, 20 June 1986; (1988) LRC (Const.) 276; 13 Common L Bull (1987), 1238

26. Ibid., citing Halsbury's Laws of England (4th edn, Vol. 8, para. 1134).

Limits to Liability

27. UN Transitional Authority in Cambodia (UNTAC), Media Guidelines for Cambodia (1992).

28. Jersild v. Denmark, App. No. 15890/89, decision on admissibility issued 8 Sept. 1992.

29. Egin case, STC 159/86, Boletin de Jurisprudencia Constitucional 68, at 1447 para. 8

Restrictions on Political Speech

30. Report of the UN Technical Team on the Conduct of a Free and Fair Referendum on the Issue of a One Party/Multiparty System in Malawi (15-21 Nov. 1992), para. 29.

Criticism of Politicians and Government

31. Castells v. Spain, Judgment of 23 April 1992, Series A no. 236.

32. New York Times Co. v. Sullivan, 376 US 254 (1964).

33. Joanna Stevens, 'Sullivan's Travels', Southern African Media Law Briefing, Vol.2 No. 1, April 1997.

Protection of Political Opinions

34. Lingens v. Austria, Judgment of 8 July 1986, Series A no. 103.

Right to an Effective Remedy

35. Report of the UN Technical Team on the Conduct of a Free and Fair Referendum on the Issue of a One Party/Multiparty System in Malawi (15-21 Nov. 1992), para. 29.

Protecting the Safety of the Media

36. World Conference on Human Rights, Vienna Declaration, para. 26.

Where do People Get their Information?

37. Margaret Scammell and Holli A. Semetko, 'Political Advertising on Television: The British Experience', in Lynda Lee Kaid and Christina Holtz-Bacha (eds.), Political Advertising in Western Democracies, Sage Publications, London/Thousands Oaks, 1995.

38. David Kerr, 'Ideology, resistance and the transformation of performance traditions in post-colonial Malawi', University of Botswana, Gaborone, 1993.

39. Media Monitoring Project Zimbabwe, A question of balance: The Zimbabwean media and the constitutional referendum Harare, March 2000.

40. Gary A. Ferguson, Ukrainian Political Issues and Media Focus Groups: Summary of Findings, International Foundation for Elections Systems, Washington DC, 1999.

Public/State Media

41. Richard Saunders, Dancing out of Tune, Edwina Spicer Productions, Harare, 1999.

Private Broadcasters

42. Richard Carver, South Africa, in Richard Carver and Ann Naughton (eds) Who Rules the Airwaves? Broadcasting in Africa, ARTICLE 19 and Index on Censorship, London 1995, p. 91.

43. Richard Carver, 'Trends and Themes in African Broadcasting' in Richard Carver and Ann Naughton (eds) Who Rules the Airwaves? Broadcasting in Africa, ARTICLE 19 and Index on Censorship, London 1995, p. 5.

Community Media

44. Richard Carver, South Africa, in Richard Carver and Ann Naughton (eds) Who Rules the Airwaves? Broadcasting in Africa, ARTICLE 19 and Index on Censorship, London 1995, p. 93. See also http://www.amarc.org (World Association of Community Radio Broadcasters).

'New' Media - the Internet

45. Elizabeth Weise, 'Not Yet for the Net', Media Studies Journal</> Winter 2000, http://www.mediastudies.org/nq6.htm.

46. Sally Burnheim, The Right to Communicate: The Internet in Africa, ARTICLE 19, London, 1999. http://www.article19.org.

Law or Regulations on Media during Elections

47. Media Monitoring Project Zimbabawe. Election 2000: The Media War, Harare, 2000, p. 11.

A Specified Campaign Period?

48. Akiba A. Cohen and Gadi Wolfsfeld, 'Overcoming Adversity and Diversity: The Utility of Television Political Advertising in Israel', in Lynda Lee Kaid and Christina Holtz-Bacha (eds.), Political Advertising in Western Democracies, Sage Publications, London/Thousands Oaks, 1995.

Implementation Mechanism for Media and Election Regulations

49. Karol Jakubowicz, 'Poland and the 1993 Election Campaign: Following the Line of Least Resistance', in Yasha Lange and Andrew Palmer (eds), Media and Elections: a Handbook, European Institute for the Media, Dusseldorf, 1995.

Implementation Mechanism: Media Self-Regulation

50. Ibid., pp. 38-39.

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

52. ARTICLE 19, Guidelines for Election Broadcasting in Transitional Democracies, London, 1994, p. 38.

Implementation Mechanism: Electoral Commission

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

54. ARTICLE 19, Guidelines for Election Broadcasting in Transitional Democracies, London, 1994, p. 38.

Implementation Mechanism: Specialist Body

55. Articles 4-6, Independent Media Commission Act.

Complaints Procedure

56. ARTICLE 19, Guidelines for Election Broadcasting in Transitional Democracies, 1994, p. 38.

57. Viktor Monakhov, 'Information Disputes Relating to Election Campaigning Via the Mass Media: The Experience of the Judicial Chamber in the 1999 Election Campaign, in IFES, The Media and the Presidential Elections in Russia 2000, Human Rights Publishers, Moscow, 2000.

News Blackouts

58. Akiba A. Cohen and Gadi Wolfsfeld, 'Overcoming Adversity and Diversity: The Utility of Television Political Advertising in Israel', in Lynda Lee Kaid and Christina Holtz-Bacha (eds.), Political Advertising in Western Democracies, Sage Publications, London/Thousands Oaks, 1995.

59. Media Experts Commission, Final Report: Media in Elections 1998, 1998, pp. 33-34.

Opinion Polls

60. Helen Darbishire, 'Media and the Electoral Process' in Media and democracy, Council of Europe, Strasbourg, 1998, p. 96.

International and Comparative Law on Hate Speech

61. Glimmerveen and Others v. The Netherlands, App. Nos. D 8348/78 and 8406/78, 4 EHRR 260 (1982).

62. Jersild v. Denmark, App. No. 15890?89, Decision of 8 September 1992.

63. Meir Kahane and Others v. Board of Directors of the Broadcasting Authority, Israeli Supreme Court, 41(3) PD 255 (1987).

64. H-G Axberger, 'Freedom of the Press in Sweden', in ARTICLE 19, Press Law and Practice, 1993.

65. Constitutional Court, AB Hatarozat, No. 30/1992 (26 May).

Right of Reply to Criticism or Adverse Statements

66. Robert M. Entman, 'The Media and U.S. Elections: Public Policy and Journalistic Practice', in Yasha Lange and Andrew Palmer (eds), Media and Elections: a Handbook, European Institute for the Media, Dusseldorf, 1995. .

67. Ibid.

68. Article 21, Independent Media Commission Act, 1994.

Equal Access for All Parties?

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

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

71. Ibid.

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

73. 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.

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

Equitable (or Fair) Access for Political Parties?

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

76. 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.

77. 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.

Timing and Length of Direct Access Slots

78. Media Monitoring Project Zimbabwe, A question of balance: The Zimbabwean media and the constitutional referendum Harare, March 2000.

79. ARTICLE 19, Guidelines for Election Broadcasting in Transitional Democracies, London, 1994, p. 16.

Who Produces Direct Access Broadcasts?

80. Diana Cammack, Election reporting: a practical guide to media monitoring, ARTICLE 19, London 1998, p. 4.

81. Karol Jakubowicz, 'Poland and the 1993 Election Campaign: Following the Line of Least Resistance' in Yasha Lange and Andrew Palmer (eds), Media and Elections: a Handbook, European Institute for the Media, Dusseldorf, 1995.

Direct Access in Referenda

82. Wilson v. Independent Broadcasting Authority, 1979 SLT 279.

83. Report of the UN Technical Team on the Conduct of a Free and Fair Referendum on the Issue of a One Party/Multiparty System in Malawi (15-21 Nov. 1992), para. 27.

Paid Political Advertising

84. See, for example, Nadine Strossen, 'Freedom of Speech: Issues for a new election and a new century', Media Studies Journal, Winter 2000, http://www.mediastudies.org/nq5.htm.

85. Christina Holtz-Bacha and Lynda Lee Kaid, 'A Comparative Perspective on Political Advertising: Media and Political System Characteristics', in Lynda Lee Kaid and Christina Holtz-Bacha (eds.), Political Advertising in Western Democracies, Sage Publications, London/Thousands Oaks, 1995.

Countries that Allow Paid Political Advertising

86. Howard R. Penniman and Austin Ranney, 'The Regulation of Televised Political Advertising in Six Selected Democracies', Committee for the Study of the American Electorate, n.d.

87. Robert M. Entman, 'The Media and U.S. Elections: Public Policy and Journalistic Practice', in Yasha Lange and Andrew Palmer (eds), Media and Elections: a Handbook, European Institute for the Media, Dusseldorf, 1995

A Mixed System of Advertising and Free Access

88. Howard R. Penniman and Austin Ranney, 'The Regulation of Televised Political Advertising in Six Selected Democracies', Committee for the Study of the American Electorate, n.d.

Political Advertising and Campaign Spending Limits

89. Howard R. Penniman and Austin Ranney, 'The Regulation of Televised Political Advertising in Six Selected Democracies', Committee for the Study of the American Electorate, n.d.

90. Robert M. Entman, 'The Media and U.S. Elections: Public Policy and Journalistic Practice', in Yasha Lange and Andrew Palmer (eds), Media and Elections: a Handbook, European Institute for the Media, Dusseldorf, 1995.

Regulation of Content of Direct Access Material?

91. Article 29, Independent Media Commission Act, 1994.

92. Tom Moring, 'The North European Exception: Political Advertising on TV in Finland', in Lynda Lee Kaid and Christina Holtz-Bacha (eds.), Political Advertising in Western Democracies, Sage Publications, London/Thousands Oaks, 1995.

93. Howard R. Penniman and Austin Ranney, 'The Regulation of Televised Political Advertising in Six Selected Democracies', Committee for the Study of the American Electorate, n.d.

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

95. Tom Moring, 'The North European Exception: Political Advertising on TV in Finland', in Lynda Lee Kaid and Christina Holtz-Bacha (eds.), Political Advertising in Western Democracies, Sage Publications, London/Thousands Oaks, 1995.

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

97. Helmut Druck 'Germany: Equality within the Constitution', in Yasha Lange and Andrew Palmer (eds), Media and Elections: a Handbook, European Institute for the Media, Dusseldorf, 1995.

98. Cited in Ibid..

Media Monitoring Methodology

99. Media Monitoring Project Zimbabawe. Election 2000: The Media War, Harare, 2000.

Protection of Journalists' Safety

100. Media Monitoring Project Zimbabawe. Election 2000: The Media War, Harare, 2000.

Government Activities and Campaigning

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

102. Howard R. Penniman and Austin Ranney, 'The Regulation of Televised Political Advertising in Six Selected Democracies', Committee for the Study of the American Electorate, n.d.

News Blackouts/'Reflection Period'

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

104. Akiba A. Cohen and Gadi Wolfsfeld, 'Overcoming Adversity and Diversity: The Utility of Television Political Advertising in Israel', in Ibid.

Media Access to Polling Stations

105. Raymond Louw, A Handbook on the Media and Electoral Law, Electoral Institute of Southern Africa, Johannesburg, 1999.

Promoting Professional Coverage of Results

106. Media Monitoring Project Zimbabwe, A question of balance: The Zimbabwean media and the constitutional referendum Harare, March 2000.

Where Do People Get Their Election Information? - Ukraine

107. Gary A. Ferguson, Ukrainian Political Issues and Media Focus Groups: Summary of Findings, International Foundation for Elections Systems, Washington DC, 1999.

An Existing Regulatory Body - Italy

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

Specialist Media and Elections Regulator - Bosnia

109. Media Experts Commission, Final Report: Media in Elections 1998, 1998.

Complaints Procedure - Russia

110. Viktor Monakhov, 'Information Disputes Relating to Election Campaigning Via the Mass Media: The Experience of the Judicial Chamber in the 1999 Election Campaign, in IFES, The Media and the Presidential Elections in Russia 2000, Human Rights Publishers, Moscow, 2000.

Hate Speech - Rwanda

111. Richard Carver, 'Broadcasting and Political Transition: Rwanda and Beyond', in Richard Fardon and Graham Furniss (eds), African Broadcast Cultures: Radio in Transition, James Currey, Oxford, 2000, pp. 188-197.

112. International Criminal Tribunal on Rwanda, The Prosecutor vs. Georges Ruggiu, Case No. ICTR-97-32-I, Judgement and Sentence, 1 June 2000; 'Blow for Rwandan journalists', BBC News Online, 19 September 2000.

113. ARTICLE 19, Broadcasting Genocide: Censorship, Propaganda and State-Sponsored Violence in Rwanda 1990-1994, London 1996, pp. 120ff.

The Operations of the Regulator on Hate Speech - Bosnia

114. Provisional Electoral Commission, Rules and Regulations, Article 9.35.a, in Media Experts Commission, Final Report: Media in Elections 1998, 1998.

115. Ibid., p. 14.

The Operations of the Regulator on Hate Speech - Zimbabwe

116. Amani Trust, Summary of Political Violence in Zimbabwe, Bulawayo, May-June 2000.

117. As recorded by Media Monitoring Project Zimbabwe.

118. Media Monitoring Project Zimbabawe. Election 2000: The Media War, Harare, 2000, p. 45

Paid Political Advertising - Canada

119. Howard R. Penniman and Austin Ranney, 'The Regulation of Televised Political Advertising in Six Selected Democracies', Committee for the Study of the American Electorate, n.d.

Media Monitoring - Malawi

120. ARTICLE 19, Malawi at the Crossroads: Final Report of the Malawi Election Media Monitoring Project, London/Lilongwe, March 2000, and at http://www.article19.org.

Government Activities and Campaign Reporting - Malawi

121. 'Malawi court orders fair election coverage', Southern African Media Law Briefing, Vol. 4 No. 3, August 1999. (http://fxi.org.za/Medialaw/fairelect.htm)

Reporting Exit Poll Findings - United States

122. http://ojr.usc.edu/content/story.cfm?id=341

An Internet Election - Romania

123. http://ojr.usc.edu/content/story.cfm/request/488/

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