The Legal System of Electoral Propaganda Via Mass Media (Study in Iraqi law)

Abstract

Mass media plays a leading role in election propaganda campaigns, as it is the candidate's means of expressing himself and his electoral program so that he can obtain popular support. Electoral propaganda is a guaranteed right under the law. This right is always in the candidate's choice of the means he deems suitable for his election campaign. Thus, the candidate has the right to use the mass media to promote himself and his electoral program. Additionally, the candidate has the right to use the most scientific modern of mass media, such as social media sites. This right restricts this candidate to necessarily cease campaigning before 24 hours of polling. This right, furthermore, obligates the candidate to adhere his campaigning in the allocated places, not to use any political slogans that are legally prohibited, not to offend any other candidates, not to use the official banner of the State, and to prevent the use of any slogan that would sow the distinction and strife among the members of society. In addition, the law obligates the state media to take a neutral position and non-discriminatory stand among candidates. The extent to which the media is neutral and sober at this stage is measured by maintaining an equal distance from all involved political parties. The mass media system should not endorse the state capabilities at one party at the expense of another; it should be objective and adhere to the law and the ideal principles of media.  This study will focus on the definition of electoral propaganda, the role of the mass media, and the legal basis on which the candidate relies in order to use mass media of communication (audio-visual and readable media). This paper approaches the extent to which the candidate can be held accountable in case of breaching the right of electoral propaganda, and the time-based legal organization of such propaganda.