Home > 1.3.1.1.2 Accessibility to the media by participants in the election > KYRGYZSTAN - Law on Elections of the President of the Republic and the Deputies of the Jogorku Kenesh
 
 
 
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Article 22
 

Voter information and election campaigning.


1. Information support to elections includes voter information, election campaigning and promotes informed and free expression of the will of citizens and the publicity of elections.


2. Voter information is provided by the state agencies, local self-government bodies, election commissions, mass media, legal entities and individuals in accordance with this constitutional Law and the acting legislation. State agencies, local self-government bodies, election commissions are responsible for the timeliness and reliability of information provided to citizens.


The election commissions take necessary special measures to inform voters with disabilities.


For this purpose the information materials shall be prepared in audio-, video- (digital media) format with the use of sign language translation or subtitling, printed in an enlarged font convenient for reading, as well as in Braille or other special means for voters with disabilities.


2-1. 75 calendar days before the voting day the Central Election Commission shall be obliged to inform voters about the need to familiarize themselves with the voter lists, to clarify their data in the voter lists through the media and other available means. State TV and radio organizations, other TV and radio organizations funded from the republican budget and TV and radio organizations included in the social package of digital broadcasting shall be obliged to provide sufficient amount of free airtime to the Central Election Commission to inform voters about the need to check themselves in the voter lists, about the procedure of participation in the voting, about the results of the voting, about the stages of the election campaign and other aspects of the election process.


Voters are informed about nominated and registered candidates, about the receipt and spending of funds from the election fund of a candidate and a political party, financial reports of candidates and political parties in the election funds by the Central Election Commission.


2-2. A candidate or a political party, not later than 5 days since the date of registration of candidates or lists of candidates shall publish their election program in at least one republican periodical printed publication, as well as post it on their official website. A copy of the printed publication with the published election program of a candidate or a political party shall be presented to the Central Election Commission.


3. The content of information materials placed in mass media or otherwise distributed must be objective, reliable, not violate the equality of candidates or political parties and not give preference to any candidate or a political party.


In news TV and radio programs, publications in periodicals (regardless of their form of ownership) information about registered candidates and political parties, reports on the pre-election events conducted by candidates and political parties should be given in a separate information block and without comments. Such information blocks are not paid for by candidates, authorized representatives on financial matters and political parties. They must not give preference to any candidate or a political party and must not discriminate against any candidate or a political party, including the time of coverage of their election activities, the amount of airtime or printed space allocated for such publications.


4. Publication (coverage) of the results of opinion polls related to elections is a form of informing the voters. Publication of opinion poll results must meet the requirements of part 5 of this article.


5. In publishing (covering) the results of the opinion polls related to elections, the mass media, Internet publications, citizens and organizations that carry out the said publication (coverage) shall be obliged to specify the organization or individual that conducted the opinion poll, the time of its conducting, the number of respondents (sampling), the method of collecting the information, the region where the poll was held, the exact wording of the question, the statistical evaluation of the possible error and the person who ordered the poll and paid for its publication.


6. During the last 5 calendar days prior to the voting day, as well as on the voting day, the publication (coverage) of the results of opinion polls, forecasts of election returns and other research related to the elections in mass media or online publications shall not be allowed.


7. Failure to comply with the requirements of parts 5 and 6 of this Article in publishing (coverage) of the results of public opinion polls shall entail the recognition of materials containing such information as campaigning and shall result in liability envisaged in the acting legislation.


8. During the elections the state shall ensure free campaigning to the citizens of the Kyrgyz Republic, candidates and political parties in accordance with the present constitutional Law and the laws of the Kyrgyz Republic.


9. The citizens of the Kyrgyz Republic, the candidates and political parties shall have the right to campaign for participation in elections, for or against any candidate, a list of candidates, freely and comprehensively discuss election programs of candidates or political parties.


Campaigning may be conducted at meetings, rallies, through the mass media as well as via online publications. Forms and methods of campaigning should comply with the legislation of the Kyrgyz Republic.


To conduct campaigning, state agencies and local self-governance bodies at the expense of the republican budget shall provide premises that meet all the requirements for holding meetings, provide places or areas for displaying campaign materials.


10. The following shall be recognized as the election campaigning:


1) calls to vote for certain candidates, the list of candidates or against them;


2) expression of preference for certain candidates or political parties;


3) description of possible consequences of election or non-election of candidates or a list of candidates;


4) dissemination of information on the activity of candidates not related to their professional activity or performance of their official (job) duties.


11. During the election campaign, the citizens of the Kyrgyz Republic and political parties shall have the right to campaign, which requires funding, only upon the agreement of the candidates or the political parties that nominated the lists of candidates and through their election funds.


12. Candidates and political parties shall be guaranteed equal conditions in their access to the mass media.


13. Campaigning during the elections may take place:


1) through mass media;


2) by public events (rallies, meetings, television debates), except for concerts and theatrical performances in stadiums and streets of settlements, as well as sports events;


3) by production and distribution of printed, audiovisual and other promotional materials;


4) in other forms not prohibited by the present constitutional Law.


14. Candidates and political parties shall have the right to independently determine the form and nature of their campaigning through the mass media.


15. Civil and municipal servants, persons taking state political posts, except for deputies of the Jogorku Kenesh, special state and political municipal positions, except for the deputies of the local keneshes, members of election commissions, observers, international observers, religious figures, founders and members of organizations engaged in charitable activities, persons under 18 years of age, foreign citizens and organizations, stateless persons shall not have the right to campaign, to issue and distribute any campaigning materials.


16. Conducting election campaigning in foreign mass media distributed on the territory of the Kyrgyz Republic shall be prohibited. During the elections, retransmission of foreign television and radio programs shall be pre-recorded. It is prohibited to retransmit television and radio programs disseminating information that disgrace the honor, dignity and business reputation of candidates and political parties. In such cases, the local media shall be liable for disseminating such information.


17. Journalists, other creative workers and officials of the editorial offices of the media shall be prohibited from broadcasting news television and radio programs and from participating in election coverage through these media and Internet publications, in the event that these persons are the founders of these media outlets or owners of an Internet publication and are simultaneously candidates or their representatives in accordance with this constitutional Law. This rule does not apply to the campaigning speeches of the said persons when the candidates use free airtime on the channels of state and local television and radio organizations in accordance with Article 24 of this constitutional Law.


18. Mass media or Internet publications whose founders (co-founders, owners) are state agencies and local self-government bodies or their subordinate institutions and enterprises which are financed in full or in part from the republican or local budget, as well as mass media which have privileges on payment of taxes and mandatory disbursements in comparison with other mass media, shall be obliged to provide candidates and political parties with equal opportunities to conduct pre-election campaigning.


19. The mass media and Internet publications, which are not covered by paragraph 18 of this Article, shall have the right to provide airtime, print space to candidates and political parties on a contractual basis in accordance with the instructions on the procedure for providing airtime to candidates and political parties on the channels of TV and radio organizations, print space in periodicals approved by the Central Election Commission.


The amount of payment for the provision of airtime, publication in periodicals or online publications must be the same for all candidates and political parties.


20. During the elections, the information on the amount and other terms of payment for the provision of airtime, print space or the right to publish in an online publication must be submitted to the Central Election Commission by the relevant TV and radio broadcasting organization, the editorial board of the periodical printed publication, the owner of the online publication no later than 20 calendar days since the date of official publication of the decision on the appointment of elections for accreditation purposes. Submitted information is published by the Central Election Commission on its official website for public awareness not later than 25 days since the date of official publication of the decision on the appointment of elections.


(In the version of the constitutional Laws of the Kyrgyz Republic No 96 dated June 5, 2017; No 116 dated August 8, 2019)