A/HRC/26/30
be free from political influence and should not be restricted or regulated, particularly during
electoral processes. Self-regulation is arguably the most effective means of ensuring that
the media live up to their own ethical standards while remaining free from the influence of
the State.
57.
However, the media must be encouraged to put in place mechanisms to ensure that
all media actors adhere to the highest ethical standards of objective reporting, and guarantee
equal coverage of political parties in a way that facilitates broad voter education and
ensures all parties across the political spectrum are heard.
58.
Where media are State-owned, national legal frameworks should ensure that all
political parties have access to them and are treated fairly and equitably. When paid
political advertising is allowed, private media outlets should be required to charge all
parties and candidates the same rates without discrimination.44 The incumbent government
or candidates should not be given preferential or disproportionately large media coverage.
59.
State-owned or public media broadcasters bear an extra responsibility to ensure that
the political platforms of all candidates and parties across the political spectrum are given
coverage. Furthermore, public media sources have an important role in ensuring critical
analysis and the availability of countervailing viewpoints. Several national courts have
ruled that State-run media have a responsibility to publish replies by critics of the
Government to government statements on controversial issues.45 The Supreme Court of
India, for example, recognized the right of reply to political statements in the columns of a
government-owned publication. The Court held that a public-sector agency publishing an
in-house journal, owing to its status as an instrument of government, had a duty of fairness
to its readers, and demanded that both viewpoints be placed before its readers, however
limited be their number, to enable them to draw their own conclusions.46 The media
guidelines issued by UNTAC also set out the duty of balance and impartiality in detail.
Guideline 8 provides: “Media outlets should give parties, groups or individuals whose
views have been misrepresented or maligned by a publication or broadcast the ‘right of
response’ in the same media outlet”.
60.
Any regulation requiring impartiality should only extend to licensed broadcasters,
and should not purport to restrict the content of print or online media sources, which should
be available as a means of communicating all political viewpoints. Self-regulation is the
most appropriate means of ensuring that the media are able to fulfil their important duty to
facilitate the free flow of ideas and communications across the political spectrum. The
media must be empowered to publish any and all political communications and campaign
speeches, including those containing criticism of an incumbent government or candidate.47
In a broad sense, media should not be made liable for disseminating, without endorsement,
unlawful statements, or be restrained from publishing such statements; this principle is of
particular importance during electoral processes given the imperative for timely
dissemination of information. Imposing liability on the media promotes self-censorship by
44
45
46
47
16
Global Commission on Elections, Democracy and Security, “Media access and freedom of
expression”, available from www.idea.int/publications/ies/upload/10.%20Media%20access%20
and%20freedom%20of%20expression.pdf.
Guidelines for Election Broadcasting in Transitional Democracies (1994, reprinted 1997), available
from www.article19.org/data/files/pdfs/tools/electionbroadcastingtrans.pdf.
Manubhai Shah v. Life Insurance Corp. of India [1992] 3 SCC 637.
See Global Campaign for Free Expression, “Freedom of expression and the Angolan elections” (see
footnote 35).
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