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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