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