'Election silence' rethink in proposals from URCA

By FAY SIMMONS

Tribune Business Reporter

jsimmons@tribunemedia.net

The Utilities Regulation & Competition Authority (URCA) has proposed changes to the regulation of "election silence" as part of a series of proposals to update content regulation.

URCA announced yesterday that it released a public consultation document concerning proposed revisions to the Code of Practice for Content Regulation.

The amendments aim to modernise broadcasting standards and ensure they align with technological advancements and societal expectations.

One of the proposed revisions targets "election silence" rules to permit the broadcast of political discussions on election polling days.

According to the consultation document, URCA said the media plays a "crucial role" in providing the public with critical information and with the rise of social media, that is not exempt from providing coverage on election polling days, licensed media outlets should be allowed to provide coverage.

“The practice of election silence originated when traditional broadcasting was the dominant medium. Broadcast media was considered the most influential, and the moratorium was meant to ensure fair and unbiased reporting,” said URCA.

“However, with the rise of social media, the tradition of election silence may no longer be suitable, particularly in smaller, developing states like The Bahamas, without the resources to regulate third-party digital content-sharing platforms effectively.

“The inability of licensed media to report on political issues in the 24 hours leading up to an election while anyone else with an internet connection can continue to spread disinformation can seem absurd when viewed from this perspective.”

URCA said there are "legitimate concerns about disinformation" and moratorium periods are a "vulnerability" as they prevent licensed media outlets from reporting or rebutting disinformation spread on social media prior to poles closing.

The regulator said "supports and recommends" the removal of polling day restrictions placed on the media and excluding licensed platforms from sharing information on poling days is a "disservice to the public". 

“Excluding the voices of credible broadcasters from the most critical moments where every citizen has a say in national self-determination is a disservice to the public. It is crucial to consider lifting the broadcast restrictions on discussing and analysing election and referendum issues on polling days, recognising that it may be difficult to break with long-standing election restrictions that made sense pre-internet,” said URCA.

“However, given the significant changes in the media landscape and the role of social media platforms in shaping public opinion, it may be time to re-evaluate these restrictions. By doing so, we can ensure that the Bahamian public can access diverse voices and information sources during critical moments in our national decision-making processes.”

URCA said allowing the free flow of information is “essential for a democratic society” and political content on polling days can help voters make informed decisions.

The regulator said allowing discussions on election issues ensures all candidates have an opportunity to reach voters and ensure the election process is “fair and transparent’.

“Moreover, it acknowledges the changing media landscape and upholds the right to freedom of expression, ensuring access to a wide range of information and opinions. Allowing discussions on election and referendum issues on polling days contributes to a more informed electorate and promotes a fair and transparent electoral process, aligning with democratic principles,” said URCA.

“With technological advancements, restricting discussions on election and referendum issues on polling day may no longer be necessary or practical.

“Finally, allowing the broadcast of discussions on election and referendum issues on polling days demonstrates trust in the electorate and fosters transparency and accountability in the electoral process.”

URCA said all licensed media outlet must ensure their information is accurate, objective and impartial insuring they do not discriminate against candidates or political parties.

“During election periods, broadcasters in The Bahamas must adhere to a set of principles aimed at ensuring fairness, balance, and impartiality when broadcasting discussions on election and referendum issues on polling days," said URCA.

“These principles include not discriminating against candidates, political parties, and others and ensuring a clear distinction between information and opinion in political advertisements and broadcasts. Broadcasters must also provide balanced reporting by offering reasonable opportunities for discussing competing views and treating all political parties equitably in news or current affairs programming.

“Furthermore, they are expected to uphold accuracy, objectivity, and impartiality in news, current affairs, and factual programs and avoid unjust or unfair treatment of individuals or organisations. Lastly, broadcasters must respect individuals' dignity, privacy, and well-being and present content with sensitivity when dealing with discussions on election and referendum issues on polling days.”

 The consultation period is open until September 20.

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