Obligation
Freedom of Opinion and Expression
International and regional treaties protect freedom of opinion and expression.[1] Free communication of information and ideas by voters and candidates is essential to genuine elections.[2] It includes the right for everyone, including political parties, candidates, and their supporters, to seek, receive, and impart ideas through any means of their choice, including but not limited to writing, speech, print, art, or the Internet. Freedom of expression also protects the right to communicate freely with international bodies.[3]
Freedom of expression may only be restricted under certain circumstances as are prescribed by law and are necessary in a democratic society.[4] Such restrictions include those that:
- Are in the interests of national security;[5]
- Protect territorial integrity;[6]
- Are in the interests of public safety;[7]
- Maintain the authority and impartiality of the judiciary;[8]
- Prevent disclosure of information received in confidence.[9]
Freedom of expression may be restricted when an expression seeks to destroy other established rights or for the protection of the rights and freedoms of others.[10] Any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence should be prohibited by law.[11] Regional treaties offer specific guidance regarding limitations to ensure that free communication and circulation of ideas may not be restricted by indirect means such as abuse of regulatory controls over the media.[12] Interpretive sources state that restrictions on the Internet or other information dissemination systems are permissible only to the extent they seek to protect rights. Sites may not be blocked simply because they are critical of the government.[13]
Relevant Election Parts
Issues
- Free Airtime and Paid Advertising
- Pluralistic and Balanced Media
- Regulation of Campaign Contributions
- Independence of the Media
- Freedom of Expression and the Media
- Freedom of Opinion and Expression for Political Candidates and Their Supporters
- Campaign Silence Period
- Hate Speech and Incitement to Violence
- Private Funding for Campaigns
- Defamation
- Private Media Regulations
- Voter Education and Debates
Free Airtime and Paid Advertising
- Relevant Election Parts:
- The Media
Limits on advertising spending (as political speech) were instituted only in the interests of promoting equality between candidates or parties
- Spending on advertising can be limited to ensure equality of opportunity. [?]
Paid advertising on public media was identified as such, and the costs and conditions involved were reasonable and equally applied to all candidates and parties
- Laws should address the applicability of regulations on paid political advertising in traditional media, including rules on placement, financing, and transparency, to such advertising online. [?]
Private media, while not subject to the same regulation as public media, was generally fair and balanced in their coverage of the candidates and provided an equal opportunity for access to all candidates
- Laws should address the applicability of regulations on paid political advertising in traditional media, including rules on placement, financing, and transparency, to such advertising online. [?]
Pluralistic and Balanced Media
- Relevant Election Parts:
- The Media
Space in the media existed for political debate
- During the electoral process there should be sufficient media space to allow for open questioning and debate between political leaders and candidates. [?]
Regulation of Campaign Contributions
- Relevant Election Parts:
- Candidacy and Campaigning
Candidates could contribute to their own campaigns, subject to reasonable limitations
- Within reasonable limitations, candidates should be able to contribute to their own campaigns. [?]
Reasonable limitations were imposed on private contributions
- Political parties and candidates should be partly financed through private means. [?]
- Reasonable limitations may be placed on private funding contributions to level the playing field during campaign activities. [?]
- Limits on private contributions may consist of a maximum threshold on the amount of money that may be accepted from a single source. [?]
- Limits on private contributions may consist of a limit on the total sum of acceptable private donations. [?]
- Cash donations should be prohibited. [?]
- States should consider introducing rules which define acceptable sources of donations to political parties and/or candidates. [?]
- States should consider limiting or prohibiting donations from anonymous sources. [?]
- Low value donations may be excluded from the obligation to refuse anonymous donations. [?]
- Campaigning and spending by third parties may be regulated, in particular to ensure transparency and accountability. [?]
The state regulated foreign funding of candidates and parties but did not limit contributions by nationals living abroad
- States should regulate funding by foreign donors, but should not limit contributions by nationals living abroad. [?]
There were clear rules and regulations regarding the acceptable sources of financial donations
- Measures taken by states to govern donations to parties should include rules to avoid conflicts of interest. [?]
- Measures taken by states to govern donations to parties should include rules to ensure transparency of donations. [?]
- Measures taken by states to govern donations to parties should include rules to avoid prejudice to the activities of the party. [?]
- Measures taken by states to govern donations to parties should include rules to ensure the independence of the party. [?]
- Public laws should prohibit only those forms of fundraising that have no connection to the party's raison d'etre. [?]
- States should regulate contributions by legal entities. [?]
- Rules concerning donations to political parties should apply, as appropriate, to other entities associated with political parties. [?]
- Campaigning and spending by third parties may be regulated, in particular to ensure transparency and accountability. [?]
Independence of the Media
- Relevant Election Parts:
- The Media
Editorial independence was protected, and the government did not abuse resources or influence to exert control over media content
- Government officials should not abuse their legal resources or custody over public finance to exert control over media content. [?]
- Editorial independence, including of online media, should be protected and free from political or economic interference. [?]
- States should take steps to ensure a free and independent media. [?]
The media was able to express criticisms of the government
- The media should not be prevented from expressing criticisms of the government. [?]
The media was not held liable for the reproduction of untrue statements made by others
- Media should not be held liable for the reproduction of untrue statements made by others. [?]
There were no restrictions on people who may practice journalism by the state, though journalists may have regulated themselves
- Restrictions on who may practice journalism are unlawful. [?]
Freedom of Expression and the Media
- Relevant Election Parts:
- The Media
Claims of defamation were not used to suppress freedom of expression or to stifle the media or public debate and were not used to silence criticism of the government or its institutions
- Safety and ability of journalists and other media actors to work in full freedom should be protected, with any harassment and violence, offline and online, promptly investigated and liability imposed. [?]
Free communication of information and ideas about public and political issues took place between citizens, candidates, and elected representatives
- Free communication of information and ideas about public and political issues between citizens, candidates, and elected representatives is necessary. [?]
Freedom of opinion and expression by the media was respected throughout the electoral process. In addition, the media respected the freedom of opinion and expression of others
- Everyone has the right to freedom of expression, whether through public speeches or other means. [?]
- The right to freedom of expression applies to all forms of media, including the internet. [?]
- Free communication of information and ideas about public and political issues between citizens, candidates, and elected representatives is necessary. [?]
- Freedom of expression includes unhindered communication with international bodies on matters of human rights. [?]
- Freedom of expression may only be restricted under certain circumstances as are prescribed by law and are necessary in a democratic society. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of national security. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of territorial integrity. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of public safety. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of maintaining the authority and impartiality of the judiciary. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of preventing the disclosure of information received in confidence. [?]
- Freedom of expression may only be restricted in limited cases, including when an expression seeks to destroy other established rights. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of protecting the reputation and rights of others. [?]
- The communication and circulation of ideas may not be restricted by any indirect means, such as abuse of government or private control over the media. [?]
- Freedom of expression should not be limited by the imposition of prior censorship. [?]
- To address disinformation online, self-regulation by internet intermediaries and positive measures, including independent fact-checking, public education, and media literacy campaigns, could be prioritized over criminalisation. [?]
Paid content in media and other information sources, including online, was clearly marked and distinguishable from editorial and user-generated content
- Media and other information sources, including online, should enable the audience to clearly distinguish between paid and editorial or user-generated content. [?]
Freedom of Opinion and Expression for Political Candidates and Their Supporters
- Relevant Election Parts:
- Candidacy and Campaigning
Freedom of opinion and expression was protected throughout the campaign process
- Everyone has the right to freedom of expression, whether through public speeches or other means. [?]
- Political parties and candidates must be granted, on an equal basis, the freedom to seek, receive, and impart information and ideas of all kinds orally, in writing, in print, through art, or through any other form of media. [?]
- Freedom of expression includes unhindered communication with international bodies on matters of human rights. [?]
- Parties and candidates must be able to communicate their opinions to the electorate. [?]
- Freedom of expression may only be restricted under certain circumstances as are prescribed by law and are necessary in a democratic society. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of national security. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of territorial integrity. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of public safety. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of maintaining the authority and impartiality of the judiciary. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of preventing the disclosure of information received in confidence. [?]
- Freedom of expression may only be restricted in limited cases, including when an expression seeks to destroy other established rights. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of protecting the reputation and rights of others. [?]
- The communication and circulation of ideas may not be restricted by any indirect means, such as abuse of government or private control over the media. [?]
- To address disinformation online, self-regulation by internet intermediaries and positive measures, including independent fact-checking, public education, and media literacy campaigns, could be prioritized over criminalisation. [?]
Political parties were able to communicate their opinions to the electorate
Campaign Silence Period
- Relevant Election Parts:
- Candidacy and Campaigning
- The Media
If a campaign silence period was imposed, it was reasonable in length
- A silent period may be instituted immediately in advance of polling day, allowing voters to exercise their franchise freely and without undue pressure. [?]
If there was a campaign silence period, it was of reasonable duration
- A silent period may be instituted immediately in advance of polling day, allowing voters to exercise their franchise freely and without undue pressure. [?]
Hate Speech and Incitement to Violence
- Relevant Election Parts:
- The Media
Advocacy of national, racial, or religious hatred that constituted incitement to discrimination, hostility, or violence was prohibited by law, and the law was enforced
- Freedom of expression may only be restricted in limited cases, including when an expression seeks to destroy other established rights. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of protecting the reputation and rights of others. [?]
- Advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence should be prohibited by law. [?]
- A silent period may be instituted immediately in advance of polling day, allowing voters to exercise their franchise freely and without undue pressure. [?]
Private Funding for Campaigns
- Relevant Election Parts:
- Candidacy and Campaigning
The system for regulating private financial contributions ensured equality of freedom to raise private funds
- Where private funding contributions are allowed, the system should be designed to ensure equality of freedom to raise private funds. [?]
Defamation
- Relevant Election Parts:
- The Media
Claims of defamation were not used to suppress freedom of expression or to stifle the media or public debate and were not used to silence criticism of the government or its institutions
- Defamation laws should only be used to protect individuals, never to prevent criticism of the government or institutions. [?]
- When considering claims of defamation, political figures and public officials should be subject to greater public scrutiny and criticism than other citizens. [?]
- The expression of an opinion or of a true statement may never constitute a valid claim of defamation. [?]
Remedies for defamation were proportionate and not excessively punitive
- There should be a range of remedies available in the case of defamation, respecting the requirement that all remedies be proportional. [?]
Private Media Regulations
- Relevant Election Parts:
- The Media
Private media, while not subject to the same regulation as public media, was generally fair and balanced in their coverage of the candidates and provided an equal opportunity for access to all candidates
Voter Education and Debates
- Relevant Election Parts:
- The Media
The media aired debates between candidates and provided voter education
- Parties and candidates must be able to communicate their opinions to the electorate. [?]
- Freedom of expression may only be restricted under certain circumstances as are prescribed by law and are necessary in a democratic society. [?]
- During the electoral process there should be sufficient media space to allow for open questioning and debate between political leaders and candidates. [?]
- The legal framework may require media to provide voter education and air debates between candidates. [?]
Opinion Polls
- Relevant Election Parts:
- The Media
The release of opinion polls was subject only to reasonable restrictions
- Publication of opinion polls may be restricted until polling is complete. [?]
Advocacy of Hatred and Incitement to Violence
- Relevant Election Parts:
- Candidacy and Campaigning
Advocacy of national, racial, and religious hatred that constituted incitement to discrimination, hostility, or violence was prohibited by law, and the law was enforced
- Freedom of expression may only be restricted in limited cases, including when an expression seeks to destroy other established rights. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of protecting the reputation and rights of others. [?]
- Advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence should be prohibited by law. [?]
Internet and Exercise of Rights Online
- Relevant Election Parts:
- The Media
Internet freedom and the exercise of human rights online were protected. Restrictions imposed were based in law, proportionate, and necessary in a democratic society
- Internet freedom, including access to online resources and digital tools, should be protected as essential to the exercise of human rights online, with any restrictions based in law, proportionate, and necessary in a democratic society. [?]
Access to Electoral Information
- Relevant Election Parts:
- The Media
Voters were able to form opinions independently, on the basis of information from a plurality of sources and free from any manipulative interference
- Media and information literacy education should be promoted to enable individuals to access, understand, and critically analyze information, including online. [?]
The Content of Voter Education Campaigns
- Relevant Election Parts:
- The Media
Voter education efforts included information about all electoral rights, including equal suffrage, the right to vote and be elected, the right to an effective remedy, and the secret ballot
- Media and information literacy education should be promoted to enable individuals to access, understand, and critically analyze information, including online. [?]