Home > 2.5 Election campaign > 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 117
 

International standards indeed point to a responsibility of the States to prevent inequality in media coverage of electoral campaigns and to ensure that citizens are informed on political parties in order to make an informed free political choice of their representatives. In addition to their obligations not to unduly interfere with the enjoyment of fundamental rights, States also have positive obligations to prevent that violations be committed by third parties. A fair balance needs to be provided by conflicting rights. The undue use of the voters’ registry data for electoral purposes or the excessive disclosure of a candidate’s personal information in the heat of a political campaign are common scenarios of such conflicts. Most democracies would deem the first scenario as a clear violation of the right to privacy and a breach to electoral equity, even if political parties have the right to access such information. It may be argued however that the nature of the democratic debate would allow for an extended permissiveness of the political right of expression over the candidate’s right to privacy, provided that those expressions do not clearly constitute defamation or slander. Contemporary democracies are used to these scenarios and have produced a rather abundant set of rulings and national legislation on the matter.