The right to freedom of opinion and expression in electoral contexts 2014, para. 50
Paragraph- Paragraph text
- It is essential to the protection of freedom of expression during electoral processes that political parities and candidates are free to express ideas and communicate about any issue that they see fit. Unregulated expression and access to information are at their most crucial during times of political change, and any restrictions upon political expression can seriously threaten the democratic process. The European Court of Human Rights has previously spoken out against restraints on political speech, particularly prior restraints. Accordingly, campaign speech should not be regulated or restrained, unless it falls within a well-recognized understanding of restricted expression as recognized under international human rights law. The United Nations Technical Team on the Malawi Referendum has noted that, in order to ensure free political expression during electoral processes, any restrictions on expression must be exceptional and "should not be so vague or broadly defined as to leave an overly wide margin of discretion to the authorities responsible for enforcing the law, since uncertainty over legal boundaries has a dampening effect on the exercise of this right [to freedom of expression] and may encourage discrimination in ... [the restrictions'] application".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Other
- Reference
- SR Freedom of Opinion, Report to the HRC (2014), A/HRC/26/30, para. 50.
- Paragraph number
- 50
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