Home > 2.5 Election campaign > Report on freedom of expression, prohibition of hate speech and promotion of pluralism in the context of electoral campaigns
 
 
 
Download file    
 
 
Paragraph 54
 

For its part, the PACE, in its Resolution 1345 (2003) on racist, xenophobic, and intolerant discourse in politics, held that the right to freedom of expression may be “limited by competing public interests, amongst which are the prevention of disorder, the protection of morals and the protection of the rights of others. This allows for limitation of these rights and freedoms when they are exercised in such a way as to cause, incite, promote, advocate, encourage or justify racism, xenophobia or intolerance.” Subsequently, PACE Resolution 1889 on “The portrayal of migrants and refugees during election campaigns” addressed the negative image of migrants and refugees in the statements and debates of candidates and political parties during campaigns, underlining factors that contribute to the rise of xenophobia. This recommendation, together with others concerning political debates during election campaigns, opinion polls, and the role of electoral commissions, while not providing a comprehensive framework, nevertheless points out that it is the responsibility of member States to establish legislation that effectively protects the image of migrants, refugees and asylum seekers during elections, and emphasises the importance of ensuring that such legislation is effectively enforced.