Electoral Systems: Strengthening Democracy in the 21 st Century Kiev Ukraine October 2009 Workshop 3a The Role of Media in Ensuring Fair Elections Owen Masters Venice Commission Expert United Kingdom

Key Principle to Ensuring Fair Elections This is best described as Freedom of expression, and can be elaborated, as follows: The right of voters to be informed on the political alternatives, in order to make an informed choice. 2

The media must have the freedom to spread information, and inform the public without interference by government, business or commercial interests. Candidates and political parties having the right to communicate their platforms and views and they should have the right of access to all forms of media. The increasing role of the internet in the electoral process should be addressed, particularly in the provision of electoral information through the internet, regardless of frontiers. 3

The Rights and Responsibilities of the Media during Elections Opinion Polling Election Campaigns Election Observation 4

These key issues rely on the following: Information for the public should be professional, correct, balanced and provided in a transparent manner. Journalists must be protected from harassment, intimidation, violence and attack, which could encourage self-censorship by journalists. Establishment of professional benchmarks and codes of conduct, thereby creating a set of criteria and responsibilities, to which all media should conform. 5

Opinion Polling Reporting the results of opinion polls should be undertaken within certain guidelines. The name of the organisation, political party, media which commissioned and/or paid for the poll. How the poll was organised and methodology used. 6

The sample and margin of error of the poll. The date or period when the poll was conducted. The reporting of exit polls should be prohibited until all polling stations in the country have closed. 7

Election Campaigns The principles of fairness, impartiality, and balance by the media should apply to all elections, that is national, regional, local and where practicable referenda. Fairness, balance and impartiality can be defined as follows: Clear distinction between official state duties and Election Campaign. 8

Non discrimination - All media are encouraged to develop and incorporate professional and ethical standards and non- discrimination on any ground such as sex, ethnic or social origin, language, religion or belief, political membership or opinions. The Right of Reply - Given the short duration of an election campaign, any candidate or political party which is entitled to a right of reply under the national law, or systems, must be able to exercise that right during the campaign period, without undue delay. 9

Free Air time and Media Space for Political Parties and Candidates Where political parties and candidates are permitted to buy advertising space for electoral purposes in the publicly owned media, and where offered in the privately owned media, regulatory frameworks should ensure that: 10

The possibility of buying advertising space should be available to all contending parties, on consistent and equal conditions and with equal rates of payment. Transmission times should be consistent and programmed at equal times for all parties. 11

Space provided in the print media should accord with the principle of equality of opportunity. The public is aware that the message is a paid political advertisement. A provision could be considered, introducing a limit to the amount of political advertising space, which a party or candidate can purchase. 12

Election Observation Observers must be in a position to note if action by the state, election officials or the conduct of the media are in contravention of the law, and obstruct the exercise of election rights. Observers will note that the rights of the media are protected and journalists are not impeded or harassed. 13

Responsibility of media and observers to meet and discuss the analysis of media observation. The right of reply should be granted to the media by observer organisations, enabling the media to respond to criticism by observer media analysts. 14