Home > 1. The principles of Europe's electoral heritage > UKRAINE - Joint Opinion on the Draft Law No. 3366 about Elections to the Parliament
 
 
 
Download file    
 
 
Paragraph 50
 

Article 67.9 prohibits one from “Spreading deliberately inaccurate or slanderous information about a party that is the election process subject or a parliamentary candidate.” This limitation on freedom of speech and expressing political opinions prevents a robust and vigorous campaign, which is critical in a democracy. While the intent of Article 67.9 is understandable, it is extremely difficult if not impossible to determine the deliberate nature of inaccurate information, possibly resulting in spurious application. Additionally, outside the context of a political campaign, a government may limit freedom of expression in order to protect the reputation or rights of others. Furthermore, Article 67.25 implies that the media outlet, in addition to the speaker of the remarks, is responsible for such statements. This provision would effectively undermine the Media’s right to free expression and their role as an information disseminator.