A/HRC/26/30
37.
Attacks on journalists, activists and political candidates and groups also occur in the
context of measures to limit the enjoyment of the freedoms to associate and assemble
during electoral processes. The prohibition of protests and demonstrations and the
harassment and intimidation of demonstrators during electoral processes remain common
means of impeding the free expression of political ideas and the free conduct of public
political debate. Such restrictions may take the form of harsh penalties for protesters who
fail to comply with articulated requirements.24 In some countries, suppression of the right to
peacefully assemble in the lead-up to elections takes the form of arbitrary arrest of
demonstrators. Such actions deter the exercise of free expression and assembly by activists,
opposition supporters and civil society groups. Requirements that protests receive prior
State approval can also impede the free exercise of rights by creating the conditions for
bribery and manipulation.
B.
Regulatory and legal measures that restrict or undermine freedom of
expression
38.
Restrictions on political expression take a variety of forms – from defamation and
slander laws, to blanket bans on critical expression relating to incumbent politicians, to the
prohibition of whole media sources, outlets and websites – and impact not only the
individuals or groups which might run afoul of them, but the media outlets or
intermediaries that publish restricted, or what is considered to be illegal, political
expression.
39.
Violations of the right to freedom of expression during electoral processes often take
the form of State interference in media content. The adoption of laws to control or regulate
political speech immediately before and during elections is an important concern in this
regard. For example, a series of legislative measures in Azerbaijan, including the
criminalization of “online slander or insults”, reportedly had the effect of restraining the
role of the media in the lead-up to the October 2013 elections.25 Violations of the right to
freedom of expression also arise more broadly when existing laws are selectively
interpreted or enforced by the State to crack down on specific forms of media content.
Laws that are overly broad in scope and incorporate insufficient accountability mechanisms
and protections against abuse are vulnerable to selective interpretation and enforcement.
40.
Recent reports testify that States also seek to restrain free expression during
elections by prohibiting access to certain media sources and outlets, for example through
blocking online websites and blogs. In 2013, civil society reported restrictions on critical
newspaper distribution networks, and the blocking of opposition websites, Facebook and
YouTube in the run-up to four different elections. The Special Rapporteur publicly joined
other experts in indicating their concern at reports of harassment of human rights defenders
and attempts to silence media outlets and websites in Malaysia before elections scheduled
to take place in May 2013.26 In March 2014, the Special Rapporteur voiced his serious
24
25
26
In Azerbaijan, for example, amendments to the law on freedom of assembly in November 2012 saw
the imposition of harsh fines on protesters and introduced a two-year prison sentence. See OHCHR,
“UN experts urge Azerbaijan to recognize and enable the role of rights defenders in run up to
elections”, press release, 4 October 2013.
Ibid.
OHCHR, “Malaysia: UN rights experts call for the protection of NGOs working for free and fair
elections”, press release, 7 June 2012.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents