Bulgaria

[BG] Draft Election Code

IRIS 2011-1:1/11

Rayna Nikolova

New Bulgarian University

On 4 November 2010 the members of Parliament from the ruling GERB party submitted to the National Assembly the Draft Election Code (“Draft”). There is a special section in the Draft regulating the media coverage of election campaigns, including the start of the election campaign, the election promotion, etc.

The Draft sets out that the control over the election campaigns shall cover newspapers, magazines (and their online editions), information bulletins, radio, television and other audio-visual services. However, the scope of control over the election campaigns excludes social networks and blogs.

The Draft introduces a new way of coverage of election campaigns by the public broadcasters - the Bulgarian National Television and the Bulgarian National Radio, in the form of videos, chronicles, disputes and others.

Paragraph 1 of the Additional Provisions of the Draft contains the following definitions:

18. “Media Service” means the creation and broadcasting of information and content, which are selected for a significant part of the public and provide clear messages to the public, irrespective of the means and technology used for their transmission. The media services include the following:

а) print media (newspapers, magazines and other periodicals);

b) media transmitted through electronic communications networks such as:

- Electronic media (radio, television and other linear audio-visual services);

- Online news services (online editions of newspapers and magazines, information bulletins).

Social networks (such as Facebook, Twitter and others) and blogs are not considered as media services.

19. “Media services provider” shall mean an individual - sole trader, or legal entity - which bears editorial responsibility for the content of the media service and is responsible for selecting the manner of the organisation. The editorial responsibility means exercising effective control over the content, programme schemes and catalogue of the services provided. The editorial responsibility excludes forums without a moderator and platforms for content created by their developers.