Home > 1.3.1.1.2 Accessibility to the media by participants in the election > MONTENEGRO - Urgent Joint Opinion on the Draft Law on Elections of Members of Parliament and Councillors
 
 
 
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Paragraph 65
 

In line with Article 85 of the draft law, campaigning in commercial and non-profit media shall be regulated by the respective broadcasters. Article 71 obliges commercial broadcasters to provide paid advertising to all registered contestants on equal terms. However, the draft law does not provide the guidance on how to ensure compliance with the requirement of equal and just campaigning. For example, previous ODIHR reports noted that election campaigning in the private media was marred by provision of preferential treatment of certain candidates that, in the absence of legal limits, resulted in “overwhelming amount of paid airtime on some private media” and advantageous presentation of some candidatures. The absence of clear rules on political advertisement in private media may undermine certainty, predictability and integrity of campaigning. It is therefore recommended to define clear and predictable rules on political advertisement in the law. The difference between campaigning and sharing information about government activities should be regulated in a clear manner. To address these shortcomings and ensure a level playing field to all contestants, the previous ODIHR recommendation to introduce a limit on the amount of paid political advertising is reiterated.