54 Election dispute resolution mechanisms is stated in the laws. ZEC has new regulations that were promulgated in 2013. These regulations are on the number of Accredited Media Practitioners allowed in polling station and collation stations96 where the presiding officer has discretion to control the numbers to avoid congestion. The Presiding Officer has too much discretion on numbers of media practitioners who can be in a polling station; there should be at least some indication of how many can be inside. The conduct of Observers and accredited media practitioners is also regulated. Media practitioners, just like observers, must exhibit their accreditation certificate and sign the register that is held by the presiding officer, must abide by the Code of Conduct, whilst use of mobile phone, telephone, taking pictures with mobile phone, or camera, or kinetic images inside polling stations is prohibited.97 The presiding officer has the discretion to allow photographs or kinetic images to be taken as long as this does not interfere with the voting process or take pictures of voters casting their votes in the booths. This provision can be open to abuse and it is not clear whether it will not be selectively applied. Taking pictures inside polling station can be intimidatory to some observers, polling officers and voters, and the practice should be discouraged. 3.7.2 Media monitoring The public broadcaster should be under an obligation to ensure that the public receive adequate, politically balanced information, particularly during election periods.98 Broadcasting relating to elections99 must ensure equal treatment of all political parties and candidates in regard to the extent of their coverage and the timing and prominence of their coverage. They must also ensure that their reports are factually accurate, complete and fair and they must avoid language encouraging hatred or inciting violence.100 Public broadcasters are obliged to “afford all political parties and independent candidates such free access to their broadcasting services as may be prescribed” in regulations made by ZMC,101 which has an obligation to monitor broadcasters during the election period to ensure that they observe these provisions. The sole television public broadcaster is the government-controlled Zimbabwe Broadcasting Holdings (ZBH), which (according to independent analyses) has been broadcasting a constant stream of propaganda strongly supporting ZANU PF and disparaging other parties, as was the case during the 2008 elections. State controlled media has continued to live up to its standards of being turned into the ZANU PF mouthpiece; it has been an instrument of launching propaganda campaigns aimed at maligning the MDC parties and candidates ahead of polls.102 The MMPZ has reported that with only days to go before the 31 July 2013 election, the public broadcaster 96 Section 8 of the Electoral (Accreditation of Observers) Regulations SI 89/2013 97 Section 9 of the Electoral (Accreditation of Observers) Regulations SI 89/2013. 98 Part 4(3) African Commission Declaration. 99 See Part XXIB of the Electoral Act. 100 Section 160J(f) of the F of the Electoral Act. 101 Section 160G(1) of the Electoral Act. 102 MMPZ The propaganda war on electoral democracy – a report on the media’s coverage of the 2008 elections (2009) p 43.

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