#05 PREVENT DISCRIMINATION OF CAMPAIGN PARTICIPANTS IN THE MEDIA

The Copenhagen document requires to provide that no legal or administrative obstacle stands in the way of unimpeded access to the media on a non-discriminatory basis for all political groupings and individuals wishing to participate in the electoral process; (CD 7.8). The Code of Good Practice of the Venice Commission emphasises that equality of parties and candidates must be guaranteed, in relation to the election campaign and media coverage, and especially to the public media (VK I.2.3.a.i, ii), as well as access to privately owned media (I.2.3.c). In order for these standards to be met, it is necessary to undertake the following:

1. 1.  Ensure a consistent application of the Law on Electronic Media so that by-laws in the election campaign be equally binding for all media service providers 

      On the eve of the 2022 election campaign, the REM continued the practice established before the 2020 elections, when, without a clear explanation and basis in the Law on Electronic Media, it separated the regulations specifying the obligations of public media services from the obligations of other media service providers determining the obligations of public media services by a binding Rulebook and the obligations of commercial media by a non-binding Recommendation. Since this procedure is not in accordance with the Law on Electronic Media, it is necessary for the REM to fulfil its legal obligation and regulate the obligations of all media service providers with a binding by-law, including the obligation to ensure non-discriminatory representation of all participants. In this regard, the REM should adopt a new Rulebook on the obligations of media service providers during the election campaign, which would be binding for both public media services and commercial media service providers.

   2.  Specify the obligation of media service providers to ensure representation in all types of programme content without discrimination during the election campaignIt is necessary that the REM specifies the legally prescribed obligation of media service providers to provide “non-discriminatory representation” to election participants with a new by-law. It is necessary to prescribe that this obligation applies to the entire MSP programme, and not only to the programme marked as the election one. Media service providers should be obliged to apply the principle of strict equality of participants in the election programme, while the adoption of a special set of rules should neutralise the advantage that representatives of the ruling parties receive during the election campaign, especially in the news programme, thanks to duties that they discharge.
   3.  Establish clear criteria for determining the privileged position of public office holders during the election campaign 

      Amendments to the Law on Electronic Media need to set clear criteria for determining the privileged position of public office holders during the election campaign. It will be considered that the privileged position exists:- If, during the campaign, the media provider reports on the activities of officials that are not announcements of public authorities that are urgent in nature and related to the threat to life, health, safety or property;- If the duration of media content related to the activities of officials is of such a scope that it does not justify the exercise of citizens’ right to information in terms of the law governing public information;

      – If the content of the speech of a public official is such that it can influence voters, especially if in their speech they refer to the results of the work of the body in which they discharge duties, if they expose parts of the programme of election participants or if they use their appearance in capacity of an official to discredit other political entities or candidates;

      – If the media service provider performs a live broadcast or a rebroadcast of ceremonial events attended by the official;

      – If the media service provider organises a show during the campaign in which an official who is a candidate or a prominent representative of a political entity participating in the election race promotes the results of the work of government bodies

      Furthermore, it is necessary to foresee that informing about regular activities of officials, for which there is an editorial justification, within the informative programme, be done textually, without audio and video recordings, in short reports (that last up to two minutes, for example).

   4. Guarantee opposition political entities the right to express their views on topics discussed by the government officials

       

      In order to achieve the necessary objectivity in reporting, it is necessary for the REM to specify in its by-law the statutory obligation of media service providers to provide free, truthful, objective, complete information during the election campaign including providing opportunities for opposition participants to present their standpoints within the news programme on topics of public interest on which the media service provider reported, presenting the views of government officials.

   5. Prohibit live transmission or delayed broadcasting of integral pre-election rallies of political entities 

      The REM Rules of procedure should clearly prohibit live transmission or delayed broadcasting of election rallies of political entities participating in the elections, and instead prescribe the possibility for media service providers to broadcast an election feature from the election rally lasting two minutes at the most during the campaign.

   6. Oblige public service media to adopt a Code of Conduct during the election campaign 

      In order to further affirm the standard of equal and impartial treatment of electoral participants, it is necessary for public media services to adopt codes of conduct that would regulate the implementation of the principle of equal representation in the media service provider programme, prohibition of programme favouritism or discrimination (negative campaigns) of individual political entities, minimum access to media service provider in connection with advertising during election campaigns. The main purpose of the Code would be to further strengthen the professionalism of media service provider in the direction of encouraging political pluralism. In addition, it is recommended that media service providers adopt codes that would be valid outside the election campaign and which would further define their obligations regarding the exercise of their programme functions in the field of encouraging political pluralism.

   7. Consider the possibility of electoral silence shortening 

      It is necessary to open a dialogue on the question of whether, due to the growing influence and importance of social networks and online media in forming public opinion, the ban on communicating election messages through traditional media during the 48 hours preceding the Election Day is an outdated measure which should be abolished or shortened so, that it refers to the Election Day or to the period of 24 hours before the vote.