Home > 1.3.1.1.2 Accessibility to the media by participants in the election > Joint Report of the Venice Commission and of the Directorate of Information Society and Action Against Crime of the Directorate General of Human Rights and Rule of Law - On Digital Technologies and Elections
 
 
 
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Paragraph 51
 

The ECtHR further stated that the two rights are inter-related and operate to reinforce each other, freedom of expression being one of the conditions necessary to ensure free elections. In order for the rights guaranteed by Article 3 of Protocol No. 1 to be effective, their protection extends to the election campaign. For this reason, it is particularly important in the period preceding an election that opinions and information of all kinds are permitted to circulate freely. According to the ECtHR, member states have a positive obligation to ensure the effectiveness of freedom of expression: they are required to create a favourable environment for participation in public debate by all persons concerned, enabling them to express their opinions and ideas without fear. The state must not just refrain from any interference in the individual’s freedom of expression, but is also under a positive obligation to protect his or her right to freedom of expression against attack, including by private individuals.