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Elections and Media in Digital Times

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Amsterdam Law School

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Summary

"The key tasks of the media in any democratic society - to inform the public about matters of interest to society; to act as public watchdogs exposing (governmental) corruption and wrongdoing; and to provide a shared forum for public debate - take on added importance in the context of elections."

This In-Focus edition of United Nations Educational, Scientific and Cultural Organization (UNESCO)'s World Trends in Freedom of Expression and Media Development highlights 3 converging trends affecting the media and elections in the digital age: the rise of disinformation, intensifying attacks on journalists, and disruptions linked to the use of information and communication technology (ICT) in the election process. The report considers these trends in terms of the international legal framework for the protection of human rights. It also proposes possible responses to safeguard media freedom and integrity while strengthening news coverage of elections in a digital environment.

In short, the themes and potential responses covered in the report are as follows:

Disinformation distorts democracy: "Disinformation" has emerged as a preferred and more accurate term than "fake news" in discussions about the integrity of public debate and elections, including the accuracy and reliability of the information that feeds public opinion. Challenges for society, and during elections in particular, that are posed by online disinformation include:

  • There is limited of monitoring during elections of online disinformation, especially that disseminated via private social messaging apps, and a lack of educational initiatives to encourage voters to identify and report abuse.
  • Operators of online platforms are not adequately transparent about content moderation.
  • Internet business models that drive attention by polarising emotions and rewarding fabricated content continue to serve the interests of disinformation.
  • Disinformation contributes to societal distrust and apathy, which is exacerbated by news media's economic vulnerabilities and their shortcomings in achieving inclusive and gender-sensitive coverage.
  • Disinformation, especially in combination with "hate speech", may fuel intimidation of voters and trigger violent confrontations over the credibility and legitimacy of election results.
  • Inappropriate law and regulations to tackle disinformation can be abused to criminalise legitimate expression.

The responses documented in this chapter related to this first theme are focused on prevention, monitoring and containment, regulation and self-regulation, and a range of efforts to strengthen the enabling environment for journalism. For example, one trend in countering disinformation is the growth in trust-enhancing practices aimed at strengthening public confidence in traditional news media outlets. These include measures such as producers and distributors of genuine news increasing their own transparency and adhering to high ethical and professional standards, as set out in codes of conduct. Building trust takes time and involves building connections and engagement with audiences and readers. Examples of initiatives are provided (e.g., the Journalism Trust Initiative (JTI), the Ethical Journalism Network (EJN), and Newsguard). Also, various internet businesses are seeking to develop technological and institutional solutions to pre-empt, counter, or contain disinformation, and there are efforts to empower journalists to understand the risks of disinformation and its dangers to society and to their work and safety.

Threats and violence against journalists and other media actors: There has been growing awareness of, and attention to, the urgency of 3 particular dimensions: political attacks, legal and digital attacks, and gender-related threats and violence. Rhetorical assaults, including by political actors, and the increasing digital dimension to attacks on journalists, are worrying trends in general, and with special relevance for elections.

Recommendations for responding to trends identified on journalistic safety include:

  • Efforts, including measures by States, should focus on the persistent problem of impunity for crimes against journalists and other media actors in a root-and-branch manner.
  • While it is legitimate for politicians to criticise journalists and the media in the context of public debate, they should refrain from threatening journalists and/or undermining respect for the independence of the media - e.g., by ensuring their comments are accurate and avoiding stigmatising and discrediting the media.
  • Monitoring of the safety of journalists should be intensified, based on dedicated mechanisms, and used to positive effect during elections.
  • Regional platforms for documenting threats to journalists' reporting on elections that replicate key features of the Council of Europe's Platform to Promote the Protection of Journalism and the Safety of Journalists should be developed. Notable elements of the Platform include its collaborative nature, its embeddedness in a normative and political framework, and its emphasis on providing supplementary information and updates on alerts.
  • Digital safety trainings for journalists and other media actors should be facilitated and promoted, while respecting media independence.
  • Existing and ongoing efforts from across the world to improve the safety of female journalists should be brought together.
  • Future efforts should map the extent to which all these threats and attacks on journalists result in distortions of a level political playing field during elections.

Changes impacting on election rules and news media's role: The changes wrought by digital technology, and by the actors who use it in certain ways, impact all stages of the electoral cycle: the pre-electoral, electoral, and post-electoral periods. Disruption of elections and the news media's role in political communications can take many forms, such as the lack of transparency in political advertising, the fragmentation of public space through political micro-targeting, political actors being able to bypass scrutiny in reaching voters directly through internet platforms, and ethical shortcomings by politicians, media, and internet actors during election periods. "Disruptive practices in relation to elections underscore the need for public debate to be nourished by accurate and reliable information."

Action points related to this theme could be to:

  • "Ensure a legal environment for media freedom and independence in terms of coverage of elections, and encourage high professional standards through self-regulation by news media companies.
  • Encourage Internet companies to develop self-regulatory systems aligned to international standards, through multi-stakeholder engagement, so as to deal with problems of misuse and manipulation during elections, and to enhance transparency about steps being taken.
  • Ensure that international legal standards on privacy, data protection, and freedom of expression are strictly adhered to, in the context of political advertising online.
  • Develop and implement forward-looking standards for transparency in political campaign spending and advertising off- and online.
  • Develop transparency policies such as the Guidelines on Access to Information and Elections in Africa, adopted by the African Commission on Human and Peoples' Rights.
  • Strengthen the media and information literacy skills of citizens, with specific emphasis on election-related communications and the democratic role of the media, and involve electoral management bodies and civil society in such initiatives.
  • Train journalists to be able to give deeper coverage of the role of digital dimensions of elections such as those outlined in this study.
  • Secure critical election infrastructure and provide verification, transparency and a multi-stakeholder approach concerning the use of digital technology during elections, and ensure parallel paper trails where appropriate."

In conclusion: "[E]ffective strategies are needed to respond to digital-enabled changes to the life cycles of elections so as to guarantee in practice the rights and standards that govern the integrity of voting, as well as the robust, but informed and inclusive public debate that underpins opinion-making processes in democratic society."

Source

UNESCO website, January 9 2020.