Guidelines to be observed by the Electronic and Print Media in regard to Broadcasting/ Telecasting/ Publishing of Matters relating to the Presidential Election, 26.01.2010.
In terms of the provisions in Article 104 (5) of the Seventeenth Amendment to the Constitution of the Democratic Socialist Republic of Sri Lanka and the powers, duties and functions conferred, imposed and vested in the Commissioner of Elections and in particular to ensure voting at the above election shall free, fair and equal and by secret ballot, Dayananda Dissanayake, Commissioner of Elections, presented the following guidelines to be followed by the electronic and print media.
1. All telecasting,broadcasting and print media shall be balanced and impartial in their election reporting and shall not discriminate against any contesting political party, candidate or political party leaders in granting access to airtime.
2. Heads of all broadcasting, telecasting and newspaper institutions should ensure that the broadcast and telecast and publishing of election programmes shall not be interfered with by the President, Prime Minister, any Minister or by any other outside political interference, unless a restraint becomes absolutely necessary to prevent substantial harm to a legitimate interest, such as an act of violence. In any event, such restraint shall not be in contravention of the rule stipulating impartiality and fairness in pursuance of these guidelines. Any decision of the broadcasting or telecasting or publishing institution to restrain any programme, shall be notified immediately to the Commissioner of Elections promptly with all relevant material to justify such decision.
3. All media institutions shall provide accurate, balanced and impartial information in their news bulletins and programmes on current affairs.
4. Owing to the potential for editorial opinion to be confused and biased, electronic media are urged not to broadcast editorial opinions. However, if editorial opinion is permitted for any reason whatsoever, it is obliged also to broadcast and telecast opinions to the contrary as well.
5. News coverage of press conferences and public statements concerning political controversy called or made by the Head of the Government, Prime Minister, Ministers, Members of the Ruling party shall be subject to a right to reply with equal time by political parties opposing them.
6. It is obligatory on the part of the news department and current affairs section (or any similar section) of each institution not to air any programme during the campaign period, unless the contents of the programme are balanced.
7. If any material is broadcast covering an incident or event with any comment or contribution from any political party or candidate or a person concerned with a political party, all other political parties that have any interest or are concerned or are likely to be affected should also be given coverage in the same news item or programme.
8. Any Documentary programme or special programmes that are broadcast during campaign period should disclose the names of the script writer, announcer and the editor.
9. Air time of any programme or news bulletin should not be utilized for unsubstantiated allegations against candidates or political parties or political leaders until the election is concluded. However, if any allegations of any nature is made against a candidate, political party or political leader such party or person should be given equal time and prominence to counter such allegations.
10. All institutions shall act carefully and diligently in airing non election news such as coverage of official functions and crimes.
11. Coverage of President and the Prime Minister should be treated as a coverage given for the political party to which he belongs and therefore leaders of political parties contesting elections should be given equal coverage in all programmes.
12. All electronic media institutions should act fairly in selecting participants for panel discussions and as such, the composition of a discussion should be balanced.
13. All phone-in programmes should have fair opportunities for all callers irrespective of the content of their questions and contributions. Officers handling such technical aspects of phone in programmes should be answerable for such balanced phone in programmes.
14. If any Chairperson, Member of the Boards or employees of any electronic and print media institution actively engages in political involvement, such involvement causes conflicts of interest in balance broadcasting. Hence, the management shall be informed of the following in writing in respect of such persons. a) The level of involvement of such person. (b) The nature and level of such person's employment. (c) Extent of involvement in programme making.
15. If an individual (employee or any member of the board of the broadcasting or telecasting and newspaper institution) publicly identified holding an office in a political party, such person should withdraw from journalistic functions until the election is concluded and shall not be permitted to engage in any journalistic function at any broadcasting or telecasting institution. The management must consider the implications for individuals involved in presentation and who are or might become known to the public.
16. When a person refuses to participate in a discussion or interview and chooses not to offer reasons for absence, the electronic media institution shall respect that position. Dramatic devices such as an empty chair in television should not be employed to underline a refusal but it is encouraged to employ a simple and direct announcement in that instance.
17. Any other programme which has an effect of political propaganda for and against any party, candidate or political leader, shall not be broadcast or telecast during the two days preceding the election.
18. A broadcaster who broadcasts or print media publishes the result of an opinion poll should identify the organization that conducted the poll, the organization or person that commissioned and paid for the poll, methodology employed, the sample size, margin of error and the fieldwork date. In addition the broadcaster or publisher should state that the poll reflects the public opinion only at the time of the poll was taken.
19. No programme where a candidate promotes the candidature of another contestant be broadcast or telecast.
20. The attention of the Chairpersons of the Sri Lanka Broadcasting Corporation and Sri Lanka Rupavahini Corporation is drawn to Article 104B5(b) of the Constitution, which requires them to take all steps necessary to ensure compliance with these guidelines.
21. It is considered vital that a period of silence prevails just before the date of poll to enable the voter to contemplate and consider the pros and cons of various policies announced and promises made by political parties and candidates during the election campaign. The electronic and print media are therefore requested to voluntarily refrain from broadcasting, televising or printing of discussions, debates, advertisements, etc. related to the election at least 48 hours prior to the date of poll.
These guidelines will be valid during the period of election which will end on the announcement of the result of the Presidential Election due to be held on 26.01.2010.
