444 Results
Quotes
Quotes based on international documents, law, and treaties- "The rights of freedom of expression and information are guaranteed…. In terms of content, every form of subjective idea or opinion capable of transmission is protected by this article. While [the] scope of the article is not confined to one medium of expression, its importance for political expression should be evident. The electoral process is a mechanism whose very purpose is the expression of the political will of the people. The right to express partisan ideas must, therefore, be firmly guarded during election periods."
- "Respect for fundamental rights a. Democratic elections are not possible without respect for human rights, in particular freedom of expression and of the press, freedom of circulation inside the country, freedom of assembly and freedom of association for political purposes, including the creation of political parties. "
- "Freedom of expression, information and communication should be respected in a digital as well as in a non-digital environment, and should not be subject to restrictions other than those provided for in Article 10 of the ECHR [Freedom of Expression], simply because communication is carried in digital form."
- "In this context, member states should: i. refrain from filtering internet content in electronic communications networks operated by public actors for reasons other than those laid down in art. 10, para. 2 of the European Convention on Human Rights, as interpreted by the European Court of Human Rights."
- "Restrictions on Internet content, whether they apply to the dissemination or the receipt of information should only be imposed in strict conformity with the guarantee of freedom of expression..."
- "These standards should also apply to new communications technologies such as the Internet, which are of enormous value in promoting the right to freedom of expression and the free flow of information and ideas, particularly across frontiers and at the global level. Any restrictions on these new communications technologies should not: limit or restrict the free flow of information and ideas protected by the right to freedom of expression."
- "The right to freedom of expression applies to the Internet, just as it does to other communication media. The international community, as well as national governments, should actively promote universal access to the Internet...States should not adopt separate rules limiting Internet content."
- "The very basis of democratic governance require that the electorate be able to make informed choices. This demands that all contesting points of view be fairly and equitably communicated on a non-discriminatory basis."
- "Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice."
- "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises."
- "The states ensure that citizens, candidates, political parties (coalitions), which nominated a candidate and/or a list of candidates and other public formations, are guaranteed the freedom to conduct campaign activities in any forms which do not contradict the law and in line with the procedure and in terms stipulated by the laws provided pluralism of opinions and absence of censorship."
- "This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."
- "Ensure that law and public policy work to permit political campaigning to be conducted in a fair and free atmosphere in which neither administrative action, violence, nor intimidation bars the parties and the candidates from freely presenting their views and qualifications, or prevents the voters from learning and discussing them or from casting their vote free of fear of retribution."
- "The legal framework should ensure that: Every party and candidate has equitable access to the media, especially the electronic media, to undertake their campaign."
- "The acceptable international standard in this respect is that of non-discrimination. If political advertising is allowed, private media should charge the same rates to all parties and candidates without any discrimination. Some jurisdictions ban political advertising altogether; in other jurisdictions such a ban has been interpreted as an unjustified breach of the right of free speech and expression. Nevertheless, paid political advertising should always be identified as such and should not be disguised as news or editorial coverage."
- "Only transparency, impartiality and independence from political motivated manipulation will ensure proper administration of the election process, from the pre-election period to the end of the processing of results."
- "Media regulations should provide for safeguards against political censorship, unfair government advantage and unequal access during the campaign period."
- "To the same end, and in accordance with applicable international instruments and procedures, everyone has the right, individually and in association with others, to unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms."
- "Everyone has the right, individually and in association with others: (b) As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms; (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters."
- "In order to advance political, economic and social governance, State Parties shall commit themselves to: 8. Promoting freedom of expression, in particular freedom of the press and fostering a professional media."
- "The States party to the Convention commit themselves to: g) facilitate formation of political parties and their free legal activity, to regulate in terms of legislation financing of political parties and the election process, to assure that the law and governmental policy provide for separation between the party and state, for conducting election campaigns in the atmosphere of freedom and fairness that allow parties and candidates to exercise a free expression of their views and assessments, election programmes (platforms), and allow voters to get acquainted with them, to discuss them and to vote for or against them freely, nor being afraid of penalty or any prosecution whatsoever."
- "In order that elections shall be fair, States should take the necessary measures to ensure that parties and candidates enjoy reasonable opportunities to present their electoral platform."
- "The legal framework should ensure that each political party and candidate enjoys the right to freedom of expression and freedom of association, and has access to the electorate, and that all stakeholder in the election process have an equal chance of success."
- "The terms "genuine" and "meaningful" are standards used to evaluate other essential components in the campaign period, including: (1) the freedom and capacity candidates have to convey their programs to the voters."
- "Candidates must have the freedom to convey their programs to the voters without disruption of campaign meetings, and without geographic infringement imposed by government through ‘no-go areas.’"
- "Political parties and candidates should be able to freely express their campaign messages."
- "The right of expression may not be restricted by indirect method or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions."
- "The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary."
- "The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions and restrictions as are prescribed by law and are necessary in a democratic society."
- "Paragraph 2 [of Art. 19, ICCPR] requires protection of the right to freedom of expression, which includes not only freedom to “impart information and ideas of all kinds”, but also freedom to “seek” and “receive” them “regardless of frontiers” and in whatever medium, “either orally, in writing or in print, in the form of art, or through any other media of his choice”. Not all States parties have provided information concerning all aspects of the freedom of expression. For instance, little attention has so far been given to the fact that, because of the development of modern mass media, effective measures are necessary to prevent such control of the media as would interfere with the right of everyone to freedom of expression in a way that is not provided for in paragraph 3 [of Art. 19, ICCPR]."
- "1. No one shall be subject to arbitrary interference with his or her freedom of expression. 2. Any restrictions on freedom of expression shall be provided by law, serve a legitimate interest and be necessary and in a democratic society."
- "All of the major human rights treaties and other instruments either require by their terms or else have been interpreted to require that restrictions on freedom of expression meet a three-part test. First, any restriction must be provided by law. Second, in order to provide a legitimate basis for limitation, the restriction must serve one of the purposes stated in the treaty. The [ICCPR] permits restrictions only to protect 'the rights or reputations of other', 'national security', 'ordre public' (which in addition to public order includes the general welfare), 'public health or morals', 'propaganda for war' or 'incitement to discrimination, hostility or violence' on grounds of nationality, race or religion. Third, any restriction must be necessary 'in a democratic society'. To be necessary, a restriction does not have to be 'indispensable', but it must be more than merely 'reasonable' or 'desirable'. A 'pressing social need' must be demonstrated, the restriction must be proportionate to the legitimate aim pursued, and the reasons given to justify the restriction must relevant and sufficient. Where the information subject to restriction involves a matter of undisputed public concern" (which would include political debate during election campaign periods) the information may be restricted only if it appears 'absolutely certain' that its diffusion would have the adverse consequences legitimately feared by the state."
- "Governments may prevent the dissemination of election broadcasts only where such dissemination would be certain to lead to a disruption of public order or a violation of some other interest that the government is legitimately entitled to protect. A strong argument can be made that government-controlled media, especially where they control the only or main channels in a region, may not refuse to broadcast political debate save in limited circumstances."
- "The legal framework should ensure that: There are no unreasonable restrictions on the right to freedom of expression and whatever restrictions there are be set out in the law."
- "Limitations on free expression violate international human rights law. Additionally, such provisions may violate free speech guarantees found in a country's constitution. These freedoms need consideration when reviewing provision that permit censorship of candidates, supporters or the media, and are contrary both to international standards and often to the domestic law of the country."
- "Any civil, criminal or administrative law measures that constitute an interference with freedom of expression must be provided by law, serve a legitimate aim as set out in international law and be necessary to achieve that aim."
- "2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (b) For the protection of national security or of public order (ordre public), or of public health or morals."
- "The exercise of the right provided for in the foregoing paragraph [freedom of expression] shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure: (b) the protection of national security, public order, or public health or morals."
- "Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant."
- "The only exception [to free speech] may be the specific prohibition of inflammatory speech calculated to incite violence or hatred against another person or group."
- "Any law regulating defamation of character or reputation should be limited to the civil law. Any provision, regardless of the legal source, that imposes disqualification or imprisonment or monetary fines for criticizing or "defaming" the government, another candidate or a political party may be subject to abuse."
- "Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law."
- "For example, it is permissible for States to regulate speech advocating national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence."
- "Member States may consider the merits of including a provisions in their regulatory frameworks to prohibit the dissemination of partisan electoral messages on the day preceding voting."
- "Where a ‘campaign silence’ is imposed in the period immediately before election day, it should be effectively and consistently enforced."
- "Regulatory tools, such as a campaign silence period to allow voters a period of reflection before election day, and limits placed on the publication of opinion polls immediately prior to elections, as well as rules prohibiting the publication of material likely to incite racial or religious hatred, reflect an overriding public interest."
- "All parties and candidates should normally cease active campaigning one or two days prior to polling day, allowing the electorate to weigh the options and to exercise their franchise freely and without undue pressure. However, in certain jurisdictions this may not be possible or adhered to for historical reasons."
- "Problems may be caused, if the candidate him- or herself provides own resources. In such cases guidance may be necessary, for example, to which extent the candidate may use own resources or resources of his family, how resources, which are provided in kind, have to be valued and who has to do the valuation."
- "Where there are provisions in the legal framework for elections relating to private contributions to campaign expenses incurred on behalf of parties and candidates, these should be so designed as to ensure equality of freedom to raise private funds."
- "It is therefore important that legislation is adopted which counteracts the imbalance in opportunities for political participation and in competition generated by unequal access to private donations, and which also curtails the potentially corrupting effects of private funding."