A/HRC/26/30 19. In its general comment No. 34 (2011) on article 19 on freedoms of opinion and expression, the Human Rights Committee noted that: The free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. The public also has a corresponding right to receive media output.4 20. This finding builds on general comment No. 25 (1996) on article 25 (the right to participate in public affairs), in which it is stipulated that States must take positive measures to protect and promote the freedom of expression in the context of political and electoral processes in order to ensure the full realization of article 25.5 The General Assembly, in its resolution 59/201, declared that freedom of association and peaceful assembly were essential elements of democracy, together with the right to vote and to be elected at genuine periodic free elections, and encouraged the strengthening of political party systems and civil society organizations. 21. Both the right to free expression and the right to political participation are enshrined in numerous other regional and international human rights instruments.6 Importantly, their critical relationship and mutual dependency are also borne out in a number of human rights texts. It is stipulated in article 3 of the first protocol to the European Convention on Human Rights that contracting parties must “hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature”. The European Court of Human Rights has repeatedly emphasized that the fundamental importance of freedom of political expression rests in large part on the importance of an informed electorate to the functioning of a genuine democracy, and that “freedom of political debate is at the very core of the concept of a democratic society”.7 Free and impartial media are key to ensuring the necessary vibrant political debate that underpins democratic elections and political processes. The Court has noted that: Freedom of the press affords the public one of the best means of discovering and forming an opinion of the ideas and attitudes of their political leaders. In particular, it gives politicians the opportunity to reflect and comment on the preoccupations of public opinion; it thus enables everyone to participate in the free political debate which is at the very core of the concept of a democratic society.8 22. The press is also recognized as playing a crucial role in informing the public about matters of public interest and acting as a ‘public watchdog’: It is ... incumbent on [the press] to impart information and ideas on matters of public interest. Not only does it have the task of imparting such information and ideas: the 4 5 6 7 8 CCPR/C/GC/34, para. 13. CCPR/C/2/Rev.1/Add.7, paras. 8 and 12. African Charter on Human and Peoples’ Rights (art. 9), the American Convention on Human Rights (art. 13); and the European Convention for the Protection of Human Rights and Fundamental Freedoms (art. 10). Lingens v. Austria, Judgment of 8 July 1986, Series A no. 103, para. 42, available from http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-57523 Castells v. Spain, Judgment of 23 April 1992, Series A no. 236, para. 43, available from http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-57772. 7