A/79/151
A.
Media
55. The extent, depth and quality of media coverage during elections is dependent
on many factors, including freedom of expression guarantees. A free and inclusive
media, operating within a non-discriminatory and non-repressive rights-based legal
framework, can serve as a valuable source of information for voters. Contemporary
media environments consist of a diversity of formal and informal platforms, with
traditional print, radio and TV joined by the multiplicity of social media universes. In
adverse contexts, however, coverage by both formal and more informal media,
including social media, may present substantial obstacles to full and equal electoral
participation, such as by amplifying discriminatory rhetoric or inciting intimidation
or violence against LGBT persons. Media platforms can be a negative influence when
they contribute to the normalization of discriminatory discourse or disparaging
messages towards LGBT persons. Journalists covering LGBT issues, or who are
LGBT themselves, may be targets of intimidation and other attacks. Women
journalists are particularly exposed to online attacks that are sexualized, misogynistic
or defamatory in nature, 166 which “often target women from religious and ethnic
minorities or gender non-conforming people”. 167 Information related to LGBT people
may also be unreasonably restricted through national practices that criminalize public
expression of LGBT identities or issues. 168
56. Independence of the media can be guaranteed by laws and long-standing practices
for traditional media that may apply differently to private and publicly owned media
outlets. Regulations aimed at preventing hate speech or incitement to violence tend to
apply to all media outlets, whether public or private. Their application is rarely
automatic and may necessitate enforcement through complaints to election
management bodies, courts or oversight bodies. Complaints against disparaging or
discriminatory rhetoric against LGBT candidates sometimes remain unaddressed or
constrained in the context of electoral campaigns. A complicating factor in some
jurisdictions is the regulation of responsibility for airing the views of individual
politicians. It may well be the case that media outlets are not held liable for reproducing
or broadcasting direct speech of individual politicians, especially if transmitted live on
air. In the context of rapidly changing norms regarding both individual and platform
responsibility for hate speech, it is important to bring attention to the harms arising
from politicians’ use of discriminatory or violence-inducing rhetoric without any
recourse to protection for harmed entities: such practices may normalize discriminatory
rhetoric or even contribute to the risks faced by LGBT candidates.
B.
Social media and online campaigning
57. The connection between rhetoric in traditional media and the online domain
remains a subject of research, both in academia and by election observers. Much
depends on the tradition of responsible journalism and the level of restraint through
regulation or self-regulation of hateful rhetoric in the media sphere, as well as the
level of unrestrained access to or even control of State media by political actors.
Ownership structures and linkages between business and political interests may also
play a role. The propagation of hate speech and incitement to violence may rely on
the cyclical connection between discourse being shaped online, picked up, normalized
and propagated by traditional media, and then further propagated online as a more
__________________
166
167
168
20/25
See A/HRC/56/53.
A/HRC/50/29, para. 36.
See A/76/258.
24-12964
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