Review of the legal framework for media coverage of elections

The legal framework in relation to media coverage of elections in Kazakhstan is largely in line with international standards, although a number of provisions could be improved or clarified, and there are a few omissions. A more serious problem is the lack of independence in the broadcasting sector, including government influence over public broadcasters and a lack of independent regulation of the private broadcast sector.
Issues of concern regarding the legal framework for media coverage of elections include:
• The lack of a legal requirement for the Central Election Commission (CEC) to provide voter education;
• Confusion in the provisions on direct access to airtime regarding candidates and parties and the timing of slots, as well as a failure to differentiate between established and new parties in terms of such access;
• Failure of the law to impose balance and impartiality requirements on the broadcast media, including public broadcasters;
• Failure of the law to ensure that any right of reply arising during the election campaign can be exercised in a timely fashion; and
• Failure of the law to clearly set out the powers of the CEC in relation to the mass media.
Issues of concern regarding the general framework for the media include:
• Lack of independence on the part of the public media, including public broadcasters; and
• Lack of independent regulation of private broadcasters, including in relation to licensing.