17 Results
Quotes
Quotes based on international documents, law, and treaties- "The technology itself should be thoroughly tested prior to election day, but testing should also be conducted on the interaction of voters, election officials and observers with the technology."
- "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."
- "The Committee recalls that freedom of opinion and freedom of expression are indispensable conditions for the full development of the person, that they are essential for any society, and that they constitute the foundation stone for every free and democratic society. Any restrictions on their exercise must conform to the strict tests of necessity and proportionality and “must be applied only for those purposes for which they were prescribed and must be directly related to the specific need on which they are predicated. "
- "The Committee recalls, first, that right to freedom of expression is not absolute and that its enjoyment may be subject to limitations.However, pursuant to article 19, paragraph 3, only such limitations are permissible as are provided for by law and that are necessary (a) for respect of the rights or reputations of others; (b) for the protection of national security or of public order (ordre public), or of public health or morals. The Committee reiterates in this context that the right to freedom of expression is of paramount importance in any democratic society, and that any restrictions on its exercise must meet strict tests of justification. "
- "The second issue is, therefore, whether in the present case such obstacles are justified under article 19, paragraph 3 [Freedom of Opinion and Expression], of the Covenant, which allows certain restrictions but only as provided by law and necessary: (a) for respect of the rights or reputations of others; and (b) for the protection of national security or of public order (ordre public), or of public health or morals. The right to freedom of expression is of paramount importance, and any restrictions to the exercise of this right must meet a strict test of justification. "
- "The Committee observes that article 19 allows restrictions only as provided by law and necessary (a) for respect of the rights and reputation of others; and (b) for the protection of national security or public order (ordre public), or of public health or morals. It recalls that the right to freedom of expression is of paramount importance in any society, and any restrictions to its exercise must meet a strict test of justification."
- "In practice, it appears that the time needed to count the votes depends on the efficiency of the presiding officer of the polling station. These times can vary markedly, which is why a simple tried and tested procedure should be set out in the legislation or permanent regulations which appear in the training manual for polling station officials. "
- "Any language requirements should not present an unreasonable limitation on candidacies and should be clearly provided for by law. Language tests should be transparent, objective, non-discriminatory and administered fairly."
- "While not all aspects of NVT can be directly observed, there are a number of activities that can be observed and which should be open to observers. These include not only the activities of election administrators and vendors in deploying, setting up and modifying the system, but also the activities of certification, testing and audit authorities."
- "The gradual introduction of NVT through a period of small, regionally limited pilot projects that include testing and gradually extend NVT use over several elections can serve to identify and correct problems and may help build public confidence in the technology."
- "Furthermore, decisions to use NVT should not be made immediately applicable to the next elections, in order to allow time for feasibility studies, procurement, planning, testing, evaluation, certification, voter education, public confidence building and implementation."
- "The Special Rapporteur calls upon States in times of elections: (…) (f) To increase the threshold for imposing legitimate restrictions on the rights to freedom of peaceful assembly and of association, that is, to ensure that the strict test of necessity and proportionality in a democratic society, coupled with the principle of non-discrimination, is made particularly difficult to meet."
- "Ensure that online services include, by design, safeguards against disinformation; this should, for example, include detailed information on the behaviour of algorithms that prioritise the display of content as well as development of testing methodologies."
- "United Nations field presences should be aware that whether an expression of incitement to discrimination, hostility or violence is severe enough to amount to a criminal offence depends on whether it fulfils all of the criteria in the six-part threshold test set out in the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, which is a high threshold. The criteria are: (a) the context of the expression; (b) its speaker, (c) their intent; (d) its content and form; (e) its extent and magnitude; and (f) the likelihood, including imminence, of inciting actual action against the target group."
- "Certain forms of hate speech may be prohibited under international law, even if they do not reach the above-mentioned threshold of incitement, in specific circumstances. Under article 19 of the International Covenant on Civil and Political Rights, certain types of biased expression may be restricted if such restrictions meet certain strict conditions. Such limitations need to: (a) be provided by law; (b) pursue a legitimate aim, such as the respect of the rights of others, including the right to equality and non-discrimination, or the protection of public order; and (c) be necessary in a democratic society and proportionate (the “three-part test”)."
- "States should require media outlets, both legacy and digital, to make public information about their ownership, in accordance with principles of non-discrimination and the threepart test."
- "Full exercise of the right must be the norm; the right may only be restricted where the test for the implementation of restrictions under international law is met, namely that the restrictions in question are provided for by law, serve a legitimate interests recognised by international human rights law, and are a necessary and proportionate means of protecting that interest."