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; 20

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