Цомартова Ф.А_summery (1139271), страница 4
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We suggest that thechapter should be excluded from the text of Act.The third chapter “Models of Regulating Activity of Mass MediaRepresentatives in Developed Democracies” is devoted to analysis of foreignpractice of electoral informational support regulation.The first paragraph of the third chapter “Legal Regulation of ElectionCampaigns Coverage in the USA” presents a general picture of the system ofelection campaigning legal norms and requirements for mass media, shows howthese norms were (or were not) implemented in the last presidential campaign in2016.We outline the main legal norms regulating the coverage of electioncampaigns in the USA, particularly on fixed tariffs for election campaigningmaterials to be printed in the press; on the mandatory recorded announcement of acandidate endorsing of a broadcasted promotional material in his or her support; onequal media access; on the order of debates.We have found that historically there has been an equilibrium betweeninformation services supporting two main political forces in the USA: DemocraticParty and Republican Party.Each party has about the same amount of support in the media, althoughthe power balance depends on the state.
The balance is not regulated by legislation,it is a result of natural processes. But still some responsibilities are imposed onmass media by law. TV broadcasters face the most strict regulations on equalaccess for candidates. Alongside with state imposed rules, journalists also have tostick to the internal code of ethics requiring impartiality and objectivity.The mentioned equilibrium (approximate equality of media support forcandidates and parties) may at times be destabilized, and as practice shows the bias19 against one of the candidates can be quite obvious.
There are no legislativemechanisms that could help fix skewed coverage. If the media takes a dislike toone of the candidates (for instance Arnold Schwarzenegger in California governorelections in 2003, Donald Trump in presidential elections in 2016), there are nolegal tools that could be used to tackle the massive propaganda against suchcandidate.Overwhelming support of one of the candidates by mainstream mediadoesn’t always guarantee him or her success in the elections.
In this case riggedcoverage can be compensated by American political culture which favorstraditional ideological constructs over media arguments.The second paragraph of the third chapter “Regulation of Activity of MassMedia Representatives in Electoral Process in the UK” gives a general pictureof regulating the mass media activity in the UK and also describes the normsregulating the conduct of BBC, which has the status of a public broadcaster.We have concluded that unlike in the USA and other countries with mostlyprivately owned media (TV and radio companies, newspapers and magazines) avery significant role in the political life of the UK is played by a public broadcaster- BBC. That’s why we should pay close attention to the documents that regulatethe conduct of BBC employees.The main goal of the BBC code of conduct is to ensure editorial objectivityand impartiality when covering election campaigns.
These corporate guidelinesshould actually guarantee equality of opportunities for candidates and parties.This code of ethics supposed to guarantee certain neutrality on the part ofBBC journalists may at times turn out to be ineffective in practice. In such casesobservers (including lawyers hired by UK political parties) report political bias inBBC programs. At times such instances make BBC the subject of considerablecontroversy. However this imbalance doesn’t have a decisive influence on voters’20 preferences since, like the USA, the UK has old political traditions and deep rootsof party institutes.The third paragraph of the third chapter “Coverage of election campaigns inFrance” considers legal regulation within electoral system of the French Republic.We have concluded that in France implementation of legislative norms iscontrolled by a complex administrative mechanism.
It includes the State Council,the National Commission for Campaign Accounts (and a network of localcommissions), the Council for Radio and Television Broadcasting.There are also administrative and criminal courts that review the cases onmass media conduct in accordance with their jurisdiction.Thus the French state takes upon itself serious responsibilities to provideequal opportunities for candidates and parties.Unlike the legislation of the USA and the UK the French electoral code of1956 contains a large number of norms intended to exclude the possibility fordomination of a particular political force in press, television or radio.
If suchdomination becomes apparent, administrative mechanism reacts: the state organoutlined above register incoming complaints and make decisions on them or sendthe cases to courts.The most serious violations of the norms that aim to guarantee equality inthe media may lead to the elections results being cancelled.
Such cases are not sorare in France. It makes the candidates and representative of political parties payclose attention to implementation of the legal norms.In the fourth paragraph of the third chapter “On regulating electioncampaigning in mass media in a number of other countries” we have brieflydescribed some aspects of regulatory control of mass media during electioncampaigns in a number of other democracies with different electoral systems and21 different political traditions. These are such countries as Spain, Germany, Canada,Ireland, New Zealand, Switzerland.The Conclusion of the thesis outlines the findings of the research.Main propositions of the thesis have been printed in publicationsrecommended by the Higher Attestation Commission at the Ministry ofEducation and Science of the Russian Federation:F.A.
Tsomartova (F.A. Khutieva) The Problems of Legal Regulation ofMedia Access for Candidates and Electoral Associations During ElectionCampaigns: Legal Aspect of Information Management//All-Russian ScientificResearch Journal “Issues in Jurisprudence”. Issue 36. 2016. No.2. Pp. 35-51;F.A. Tsomartova. In Reference to the Suspension of a Mass MediaPublication//Studies on Intellectual Property.
Issue 31. 2017. No. 4. Pp. 43-60;F.A. Tsomartova. The Problems of Legal Distinction Between the Conceptsof Informing Electorate and Election Campaigning// Studies on IntellectualProperty. Issue 26. 2016. No. 3. Pp. 5-16.
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