Home > 1.3.1.1.2 Accessibility to the media by participants in the election > ARMENIA - Joint Opinion on Draft Amendments to the Electoral Code and Related Legislation
 
 
 
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Paragraph 45
 

45. The draft amendments propose several measures concerning election campaigns. Inter alia, they include changes related to election campaigns carried out on the Internet, clarifying that mass media must ensure non-discriminatory and non-biased conditions for candidates, parties (alliances of parties) participating in the elections while carrying out free of charge or paid campaign (Article 20.1). Such measures are in line with international standards, including the obligation to ensure equality of opportunities for the different political forces and the obligation to ensure conditions for an equitable campaign environment,37 and are to be commended. That said, it is not clear whether the new rules apply to all online media or only to those which also operate in traditional media. While there is not an agreed approach on campaigning on social media and the states have sovereign rights in regulating the functioning of social platforms and online conduct of their election campaigns, the Venice Commission and ODIHR recall the general obligation of states to ensure equal opportunities to campaign and fair treatment of the contestants. They recommend further clarifying the regulation of all social platforms including through further defining what platforms fall under Article 20.1, for the sake of legal certainty.38 Moreover, during the interviews in Yerevan the rapporteurs were informed that there is currently no state body competent to control compliance with the (new) rules on online campaigning. In the view of the Venice Commission and ODIHR, these rules can only be effective if independent oversight, by an adequately equipped public body, is introduced.