III. DISCUSSION OF THE DRAFT NATIONAL ELECTIONS LAW AND THE DRAFT ELECTION COMMISSIONS LAW

M. Media Provisions

OSCE/ODIHR noted in its election observation mission report for the 2010 parliamentary elections that the media had a difficult time in implementing legal provisions requiring media to provide equality of treatment to candidates. It was observed that media refrained from editorial coverage of the campaign in news programs out of concern that any such coverage would be a violation of provisions requiring equal treatment.[1] This problem should be addressed through a legal text that provides more detailed guidance on the difference between “informing” and “campaigning” in relation to media coverage of the election campaign. The Venice Commission and OSCE/ODIHR recommend that the law provide greater clarity on the difference between news coverage and “campaigning”.

[1] OSCE/ODIHR Final Report on the Kyrgyz Republic Parliamentary Elections 10 October 2010 (Warsaw, 20 December 2010), page 14.