A/HRC/26/30 candidates and parties to all campaigning mediums is essential to ensuring an equal and pluralistic electoral process that facilitates the free flow of information and ideas. 49. One important element of political campaigning during electoral processes is the provision to all parties and candidates of direct access to media outlets for allotted times. While the media play an essential role in facilitating political campaigns and providing scrutiny and analysis of political positions, direct access to broadcast media enables parties to speak in their own voice. The vast majority of established democracies have put in place regulations stipulating that all candidates be able to directly access publicly-owned broadcast media services for specific times on an equal basis. In some cases, these provisions also extend to access to privately owned broadcasters.34 The order of direct access is generally determined either on the basis of the previous performance of a given party or candidate, or through a ballot process. Media guidelines issued by the United Nations Transitional Authority in Cambodia (UNTAC)35 include the principle of fair access to media outlets for all parties contesting the election, which was a central concern.36 50. 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.37 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”.38 51. Another way that political parties and candidates seek to publicize their platforms and garner votes is by paying for political advertising. The regulation of political advertising is a contentious issue. Whereas political advertising can be an important means by which political parties, particularly those with less public visibility, can educate voters, unlimited and unregulated paid political advertising increases dependence on campaign finance and gives an unfair advantage to well-financed political candidates. 52. States have taken a variety of approaches to paid political advertising. In some countries paid political advertising is a central pillar of political processes and is not strictly regulated.39 Other States, particularly those with a strong history of public broadcasting, 34 35 36 37 38 39 14 See Global Campaign for Free Expression, “Freedom of expression and the Angolan elections”, available from www.article19.org/data/files/pdfs/publications/angola-foe-elections.pdf. UNTAC, Media Guidelines for Cambodia (1992), pream., para. 4. See especially ibid., guidelines 2, 4 and 7–10. For example, the European Court of Human Rights (ECHR) has ruled that, “freedom of political debate is at the very core of the concept a democratic society….” Lingens v. Austria, Judgment of 8 July 1986, Application No. 9815/82 (see footnote 7), para. 42. Report of the United Nations Technical Team on the Conduct of a Free and Fair Referendum on the Issue of a One Party/Multiparty System in Malawi (15–21 Nov. 1992), para. 29. This is the case, for example, of the United States of America. See Centre for Law and Democracy, “Regulation of paid political advertising: a survey”, available from www.law-democracy.org/wpcontent/uploads/2012/03/Elections-and-Broadcasting-Final.pdf.