A/HRC/26/30
the Complutense University of Madrid); Rio de Janeiro, Brazil (co-hosted by the Ford
Foundation); and Washington D.C. (co-hosted by the Open Society Foundations).
III. Freedom of expression and communication in electoral
processes
10.
The right to freedom of opinion and expression is a central pillar of democratic
societies; and a guarantor of free and fair electoral processes, and meaningful and
representative public and political discourse. It is during times of political change that the
right to freedom of expression is most essential, ensuring that a well-informed and
empowered public is free to exercise its civil and political rights. Providing the conditions
for free and open political communication is an essential element of ensuring fair and
democratic electoral processes.
11.
In the context of elections and political communications, dedicated attention is to be
afforded to the free expression rights of the main actors: the voters, who depend on the right
to freedom of expression to receive full and accurate information, and express their political
affiliation without fear; candidates and political organizations, who need to exercise their
rights through campaigning and communicating their political messages freely without
interference or attacks; and the media, which rely on the right to freedom of expression to
play their essential democratic role of informing the public, scrutinizing political parties
and platforms, and providing checks and balances in the electoral process.
12.
Common and continuing challenges to the promotion and protection of freedom of
expression that persist in all aspects of society – censorship, violence against journalists,
speech that incites hatred, discrimination and political violence – increase in both frequency
and severity during electoral processes. Ensuring an open public debate where all the main
stakeholders in an electoral process – namely, the voters, the political leaders and groups,
and the media – can freely share information and opinions is a permanent challenge for
democratic societies. In some cases, inadequate regulation of communications can unduly
restrict the freedom of the media or of political actors. In other situations, the political
debate is dominated by powerful political and economic groups that take advantage of
poorly regulated and enforced legal frameworks.
13.
International human rights standards do not provide detailed models for regulating
political communications. However, some core principles can be identified: efforts must be
deployed to promote the pluralism of the media and ensure a plural political debate, ensure
transparency in the promotion and financing of political campaigns, and guarantee
accountability and fair enforcement of political regulations to prevent those in power from
taking advantage of domestic regulatory regimes to dominate and manipulate public debate.
14.
States must take measures to eliminate the structural, legal and practical barriers to
the enjoyment of the right to freedom of expression. At a fundamental, structural level,
economic power enables political influence to be concentrated in, and exercised by, small
segments of society, thereby undermining the democratic ideal. Those who own and
finance media organizations and outlets are often able to use their economic power and
influence to enhance the visibility of certain political candidates or groups, and impede the
communication and expression of others. This is particularly the case where national
legislative frameworks do not sufficiently provide for free, direct access by political
candidates to publicly or privately owned media outlets for campaigning purposes. Even
when such provisions are in place, many media organizations are able to use the unequal
provision of air time, partisan editorial commentary, or the facilitation of paid political
advertising to promote one political candidate or group over another. The situation is
exacerbated when media ownership is obscured by complex corporate structures and there
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