A/HRC/26/30
is no public transparency as to the corporate and private interests entwined with media
coverage. Especially in circumstances in which a State’s media ownership is concentrated
in only a handful of corporate entities, this can threaten the ability of all political entities to
freely and effectively express their positions and platforms, and impede individuals from
receiving information about their electoral choices on an equal and impartial basis.
15.
Freedom of opinion and expression in electoral processes is also threatened when
economic power is exerted over the political process through campaign financing and paid
political advertising. Wealthy societal segments and corporate interest lobbies can directly
exert political influence through exploiting unregulated political finance structures, and
opportunities for paid political advertising. In many States neither the donor nor the
recipient is required publicly to disclose financial contributions. Wealthy groups and
candidates are also disproportionately advantaged when there are no restrictions in place as
to how political campaigns can use and disburse campaign funds.
16.
The over- or under-regulation of electoral processes may also threaten enjoyment of
the right to freedom of opinion and expression. Legal barriers to the free flow of
communication and expression during electoral processes include thematic restrictions on
political expression and discourse (which often include prohibitions on criticism of
incumbent politicians or political groups), regulation of the content of print and online
media sources, and limitations on protests and demonstrations during electoral processes.
Lacunae in legal frameworks also erode free expression and communication in political
discourse; failures to articulate regulatory frameworks related to equal direct access to
publicly-owned media outlets, polling, campaign financing and paid political advertising
create conditions that may unfairly disadvantage particular political candidates or groups,
thereby undermining the equal and free flow of ideas and communications that is an
essential prerequisite to a truly democratic electoral process.
17.
In addition to the structural and legal threats to free expression rights in electoral
processes, States are also actively restricting the practical enjoyment of the right to freedom
of opinion and expression in political communications. Such measures include multiple
forms of censorship, such as restrictions on particular websites and social media sites,
sources of political commentary, including local and international media, or even Internet
services more broadly; harassment of the media; violence against and imprisonment of
journalists, activists and bloggers; direct attacks on dissident political groups; and measures
to impede public demonstrations and other forms of valid political expression. These
common violations of freedom of expression rights occur outside electoral processes as
well, but are often more frequent or acute during moments of political change or upheaval,
and are especially damaging during such times.
IV. International human rights framework
18.
The right to freedom of opinion and expression, as articulated in articles 19 of the
Universal Declaration of Human Rights and the International Covenant on Civil and
Political Rights, is fundamentally interrelated with article 25 of the Covenant, on the right
to participation in government through free and fair elections. During electoral processes
and in the context of political communication, the equal and unimpeded exchange of
contrasting ideas is a crucial prerequisite to ensuring that the voting public can make
informed choices and is thus a basic pillar of any democratic system. In the absence of
protections to ensure the freedom to express, communicate, publish and discuss political
and electoral issues, genuine and effective political participation cannot be realized.
6
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