A/HRC/26/30
impossible if candidates and political groups are unable to freely promote their ideas
or if the media cannot operate with safety and independence.
76.
During electoral processes, States must ensure that the right to freedom of
expression is guaranteed to political candidates and their supporters, opposition
groups, political lobbies and the whole spectrum of media actors, from news media to
bloggers, commentators and analysts. Political communications must be unhindered
by restrictions that hamper the fluid exchange of opinions, whether such restrictions
come in the form of explicit prohibitions of certain political positions, or limitations
that indirectly “chill” the expression of the opinions of political groups, such as
controls of media content or on public demonstrations. At the same time, the absence
of a regulatory framework to control political financing and spending, or to ensure
accountability and redress for rights violations, also undermines the ability of voters,
political groups and the media to exercise the right to freedom of expression during
electoral processes.
77.
The call for an open political debate should not be misunderstood as a call for
unregulated political campaigns. The adequate regulation of political communications
is crucial to ensuring a just and equitable space for public dialogue and access to
information. In a democratic society, elections must never be ruled by market logic,
with those having greater access to financial support controlling the public debate
through their disproportionate access to publicity and the media.
78.
Examples from around the world indicate that the regulation of political and
electoral communications can both enhance and undermine the enjoyment of free
expression rights during political processes. Therefore, States must carefully evaluate
the impact of each norm and ensure that an equitable balance is struck in providing
for a structural environment that will enhance freedom of expression while not
hindering the independent role of the media or the content of political expression. To
ensure the adequate translation of norms into practice, it is critical that judicial
entities and electoral authorities tasked with overseeing respect for the right to
freedom of expression in electoral processes are totally independent and sufficiently
resourced to implement their mandates in a timely and effective way. States should
also take measures to prevent speech that constitutes incitement to hatred, hostility,
discrimination and violence.
79.
Whereas the international human rights framework does not establish specific
prescriptions for national regulation of political and electoral communications, it does
provide very clear guiding principles that should frame the establishment and
implementation of all regulations. The Special Rapporteur emphasizes that, besides
promoting an adequate environment for the work of the media, States should seek to
ensure the fulfilment of three key tenets in order to ensure the protection and
promotion of freedom of expression during electoral processes: pluralism,
transparency and accountability.
80.
A.
In conclusion, the Special Rapporteur provides the following recommendations.
Promote pluralism
81.
In order to secure a diverse and pluralistic political process which is hospitable
to candidates and parties from across the political spectrum, States should:
(a)
Remove any regulation of or restriction upon political speech and
expression, outside of restrictions that fall within well-recognized understandings of
the permissible limitations on freedom of expression as recognized in international
human rights law;
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