Home > 1.3.1 Freedom of voters to form an opinion > REPUBLIC OF MOLDOVA - Joint Opinion on the Draft Electoral Code
 
 
 
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Paragraph 97
 

It is worth noting that regulating disinformation (or false information) is an evolving subject, not elaborated on in the available international standards and other instruments. However, any restriction on the freedom of speech and imparting of information raises questions in relation to Article 10 of the ECHR. In a recent joint opinion, the Venice Commission and ODIHR summarised the European legal standards and competing interests concerning the regulation of false information: “Restrictions must be provided by law, have a legitimate aim and be necessary and proportionate. As underlined in the long-standing case law of the ECtHR, there is little scope under Article 10 of the ECHR for restrictions on political speech. Politicians must accept closer public scrutiny of their statements and actions both in relation to their office and their private life. For this reason, the ECtHR has in several cases found that the application of legislation aimed at preventing the spread of false information in the electoral context amounted to a disproportionate interference with the freedom of expression in the light of Article 10 of the ECHR. While the ECtHR has recognised the importance of combatting the dissemination of false information in the electoral context, it has, at the same time, emphasised the particular importance of the free circulation of information and opinions during the electoral period. The electoral context therefore blurs to a certain extent the wellestablished distinction between statements of facts, which can be determined by a court, and value-judgements, which are not susceptible to proof though they must be supported by a certain factual basis. As for opinions and information pertinent to elections, which are disseminated during the electoral campaign, the ECtHR has held that such statements should be considered as being part of a debate on questions of public interest, unless proof to the contrary is offered.”