Activity Details (ID# 7554)

Activity Synopsis

The first objective of the seminar was to review the European standards on media coverage of election campaigns. The second one was to examine the current legal framework and practice of media coverage of elections. The third objective was to involve in a debate all interested parties during an election campaign, namely broadcasters, regulatory authorities, legislators, representatives of different political parties, members of government, with the aim to improve the existing legal provisions and practice.

 

The seminar was well organised by the Independent Journalism Centre (IJC) from Bucharest. The participants received files containing various relevant documents, including the Romanian legislation and regulation regarding elections, as well as two Recommendations of the Committee of Ministers of the CoE, translated into Romanian (Rec (99) 15 on measures concerning media coverage of election campaigns and Rec (2000) 23 on independence and functions of regulatory authorities in the broadcasting sector.

The objective of the seminar was reached: in the light of the Council of Europe standards on media coverage of elections and of the Cypriot and Hungarian experience in this area, the participants examined the current legal framework and practice of media coverage of elections in Romania.

Several participants pointed out that Romanian legislation regarding elections has several week points that have to be clarified before the start of the campaign. For instance, the law prohibits specifically ''the commercial advertising for electoral propaganda purposes'', both in print and in broadcast media. It is unclear what is the exact scope of the ''commercial advertising for electoral propaganda purposes''. An interpretation of the law has to be requested from the Central Electoral Bureau, the only one able to release such legally binding interpretations.

Moreover, the law restricts the access to broadcast media of the parties outside the parliament to only 11 days before the elections. It seems like an unreasonable short time for those political organisations to send out their message and reach the voters. The law is inconsistent, some articles are conflicting. Interpretation of the Central Electoral Bureau is required.

Some participants underlined that the regulation sometimes is not clear, given that terms like “political advertising” or “electoral clip” are not well defined.

Several analyses and monitoring reports show that the media are often biased and many of them favour the ruling party.

 

At the close of the seminar, the participants drew up a series of suggestions and proposals concerning the coverage of election process by the press:

- Clear and stable regulations are needed, as they are meant to secure the observation and balancing of several (sometimes conflicting) rights and interests: the right of the public to information, the right to elect and be elected, the human dignity and the right to one self’s image.

- The Romanian Election laws (adopted by the Parliament) exceed their initial scope by their detailed provisions regarding the media during the electoral campaign. Such norms should have been the task of the broadcast regulatory body (National Audiovisual Council). Thus, NAC is only called to enforce legislation it was not able to contribute to.

- Any regulation regarding the broadcast during elections should be prior discussed with the broadcasters, in order to include their views and legitimate interests.

- NAC should refrain from issuing recommendations that further restrict issues regulated by law (see tele-voting programs, specifically addressed by the elections law, but advised against by NAC).

- Regulations regarding the elections are not a matter of interest restricted at elections time. A serious public debate has to be initiated within the media community, well in advance, regarding what is allowed and what is prohibited during elections. Such regulations have to be the result of the common work of media professionals, regulatory bodies and free speech activists, in order to include a range of interest as broad as possible.

- A public debate has to be initiated regarding the issue of political advertising, currently prohibited in broadcast media (attempts have been made to extend the prohibition to the print media also). Again, the discussion should start well in advance, so it can be properly sorted out before the next round of elections.

- Current instruments and regulations regarding the enforcing of a fair and balanced reporting in the broadcast media have to be revised, in order to increase their accuracy and effectiveness.

- More importance should be given to self-regulation, as an alternative way to secure good quality journalistic products and a proper access to information for the public.

- Regulation of broadcast programs during elections time is not an issue specific to Romania. A comparative study of the status and solutions in new democracies as well in the Western Europe would be of great importance. Council of Europe is the best placed institution to initiate such a study.
 

Media professionals ; broadcast regulators; parliamentary experts; advertisers; academics; NGO representatives ; lawyers 

Christophoros CHRISTOPHOROU (Cyprus)
György OCSKO (Hungary)

 

Eugen CIBOTARU, Programme Advisor, Media Division, Directorate General of Human Rights