Summary
Access to information may be restricted only in limited cases, including in the interest of public safety.
Obligations
Election Parts
Issues
Criteria
- The right to access to information was respected throughout the voting process
- The right of access to information was protected for everyone
- Access to information was guaranteed throughout the electoral process, including during the counting and tabulation process
- Transparency and access to information were respected during the dispute resolution process
- The right of access to information was respected throughout the electoral process, including its relation to the media
Quotes
- The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
- 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, in the interests of national security, public safety or public order or for the protection of the rights and freedoms of others.
- 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.
- The exercise of the rights provided for in paragraph 2 of this article [freedom of expression] 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, or of public health or morals.
- Member states may limit the right of access to official documents. Limitations should be set down precisely in law, be necessary in a democratic society and be proportionate to the aim of protecting: i. national security, defence and international relations; ii. public safety; iii. the prevention, investigation and prosecution of criminal activities; iv. privacy and other legitimate private interests; v. commercial and other economic interests, be they private or public; vi. the equality of parties concerning court proceedings; vii. nature; viii. inspection, control and supervision by public authorities; ix. the economic, monetary and exchange rate policies of the state; x. the confidentiality of deliberations within or between public authorities during the internal preparation of a matter.
- In extreme circumstances, publication of election results at the polling station level might jeopardise the safety of voters or electoral commission members in that community. This possibility exists where an election is held after civil conflict and tensions remain high. The examiner should be sensitive to this issue and understand that in extreme circumstances the law may provide limited exceptions to these principles so as not to place the voter at risk to personal harm.