3619 Results
Quotes
Quotes based on international documents, law, and treaties- "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."
- "States should: ii. consider the possibility of introducing rules limiting the value of donations to political parties."
- "States should: iii. adopt measures to prevent established ceilings from being circumvented."
- "The ideal requirements for political finance regulation in post-conflict societies listed below should be viewed as goals for the international community to achieve given the challenging constraints in which they are operating. There are three key requirements in the areas of legal framework, resources for political actors and institutions...1. A legal framework for political finance regulation—contained in the electoral law, the political parties law or a separate political finance law—should include: Realistic limitations on monetary and non-monetary contributions from private sources for political activity, probably with a relatively high limit on the size of donations."
- "Limits on campaign spending may be necessary to prevent a disproportionate or one-sided campaign, but should not be so strict as to prevent effective campaigning."
- "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. Furthermore, these provisions may include limits on contributions in order to 'level the playing field' to a reasonable degree, taking into account geographic, demographic and material costs."
- "Although the legal framework should permit private funding of political campaigns, reasonable limitations on the amount of private contributions are permissible. What is reasonable depends on the type of election and factors unique to the particular country, such as geography, demographics, and relative costs of media and other campaign materials. It is also acceptable to limit the total amount of expenditures of the electoral contestants in a given campaign. Although the legal framework should permit electoral contestants to expend sufficient resources to convey a political message, there is no minimum standard that requires that electoral contestants be given an opportunity to buy an election."
- "States should consider introducing rules which limit the value of donations to political parties and candidates."
- "A party may receive donations within the limits of domestic law, which may prohibit donations from certain sources. By no means may parties interpret private donations as granting any possibility to influence and/or alter the party programme and/or party policies. Parties must adhere to laws that require disclosing the origin of private donations to parties."
- "Limitations on the amount of private contributions may consist of a maximum threshold on the amount of money that may be accepted from a single source, whereby different ceilings may apply for different types of donors."
- "Other limitations may also be envisaged. Such may consist notably of: a maximum level for each contribution."
- "Restrictions may also consist of a limit on the total sum of acceptable private contributions."
- "Private contributions can be made for campaign expenses, but the total amount of such contributions should not exceed the stated ceiling. Contributions from foreign States or enterprises must be prohibited. This prohibition should not prevent financial contributions from nationals living abroad."
- "Legislation should prohibit donations in cash, especially donations exceeding the legal threshold, and should require that these be made by cheque or bank transfer in order to identify the donor entity."
- "States should consider the introduction of rules which define or set limits on the acceptable sources of donations to political parties and candidates."
- "Prohibit anonymous donations or bequests to political groupings at regional level, taking care to stipulate amounts in excess of which anonymity is incompatible with transparency."
- "In general, states should take measures aimed at limiting, prohibiting or otherwise strictly regulating donations from: anonymous sources."
- "States should adopt provisions which regulate anonymous donations to parties. Anonymous donations should be limited or prohibited."
- "Therefore, a maximum ceiling should be set on both the amount of anonymous donations parties may receive from a single source and on the total amount of anonymous donations a party or candidate may receive in a given year or for a particular election campaign."
- "It is also advisable that provisions regarding anonymous donations be such that the administrative burdens of parties are kept proportionate by excluding low-value donations from the obligation to refuse anonymous donations."
- "Measures taken by states governing donations to political parties should provide specific rules to... avoid conflicts of interests."
- "Measures taken by states governing donations to parties should provide specific rules to avoid conflicts of interests, avoid prejudice to the activities of political parties, ensure transparency of donations and avoid secret donations."