Home > 2.3 Observation > MOLDOVA – Urgent joint opinion on the draft Law no. 263 amending the Electoral Code, the Contravention Code and the Code of Audiovisual Media Services
 
 
 
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Paragraph 34
 

The wide-ranging blanket ban on political statements for members of religious bodies and non-government organisations is clearly problematic in relation to freedom of expression as enshrined in Article 10 of the ECHR. It should be borne in mind that such organisations form part of the civil society and should be entitled to express their views in the public debate on matters of public concern, including during electoral campaigns. The proposed formula could lead to unexpected consequences, not least for NGOs observing the election. Third parties, i.e. individuals and organisations campaigning on their own for or against particular election contestants, should not be prohibited from doing so but the law may set provisions for their transparent financing and effective oversight, as well as reasonable spending limits on such campaigns. As underlined in the long-standing case law of the ECtHR, there is little scope under Article 10 for restrictions on political speech. Campaigning for elections, as well as supporting electoral candidates, constitutes a core aspect of political speech protected by Article 10 of the ECHR.