III. DISCUSSION OF THE DRAFT NATIONAL ELECTIONS LAW AND THE DRAFT ELECTION COMMISSIONS LAW

M. Election campaign provisions

Several articles in the draft national elections law appear intended to protect the “honour, dignity, and business reputation” of candidates and political parties. These include provisions found in Articles 22(16), 28(5), and 28(6). The protections place liabilities with candidates, candidate representatives, political party representatives, mass media, and “other individuals”. Article 28(5) also establishes the right to reply or refute defamatory material “on demand” by the offended candidate or political party. These limitations on political opinions prevent a robust and vigorous campaign, which is critical to election campaigning in a democracy. In the context of a political campaign, in which candidates make a conscious decision to enter the public sphere to compete for public office, a law for the protection of the reputation or rights of others cannot be applied to limit, diminish, or suppress a person’s right to free political expression and speech.[1] The Venice Commission and OSCE/ODIHR recommend that these provisions be amended to comply with international standards.

[1]See, e.g., Oberschlick v. Austria, Case No. 6/1990/197/257, European Court of Human Rights (23 May 1991); Lopes Gomes Da Silva v. Portugal, Application No. 37698/97 European Court of Human Rights (28 September 2000); Bowman v. The United Kingdom, Case No. 141/1996/760/961, European Court of Human Rights (19 February 1998); Incal v. Turkey, Application No. 41/1997/825/1031, European Court of Human Rights (9 June 1998).