Home > 1.2 Equal suffrage > Urgent Report on the cancellation of election results by Constitutional Courts
 
 
 
Download file    
 
 
Section 55.
 

In this connection, attention is drawn to the recent Interpretative declaration of the Code of good practice in electoral matters as concerns digital technologies and artificial intelligence, in which the Venice Commission emphasised 1) that the freedom of voters to form an opinion includes the right to have access to all kinds of information enabling them to be correctly informed before making a decision (which can be affected by online information disorders);61 and 2) that equality of opportunity also applies to the use of digital technologies and artificial intelligence in the electoral campaign, including the functions and services of internet intermediaries.62 The Code of Good Practice in Electoral Matters makes it clear that candidates and/or parties must be granted fair and equitable access to online media, ensuring representation without discrimination.63 According to the Interpretative declaration, legal provisions should also be adopted to ensure that there is a minimum access to privately owned online media and to the functions and services provided by internet intermediaries, as well as to digital tools and artificial intelligence technologies to manage their campaigns.64 In addition, fairness in content dissemination and access should be observed: Regulations should be implemented to ensure that artificial intelligence algorithms by internet intermediaries do not favour certain parties or candidates over others, maintaining a balance in the visibility of electoral content; and inter alia independent and ongoing audits of the artificial intelligence algorithms used in electoral campaigns should be enforced.65