Towards a Legal Framework that Protects Freedom of Expression in Electoral Processes

Abstract

In democratic countries attention is devoted to the issue of freedom of speech and freedom of expression and the role of public authorities during elections. Freedom of speech and freedom of expression are guaranteed at both the international and national levels today. The international community has created a significant number of international agreements and acts of “soft law” on standards of freedom of expression. In particular, the Code of Good Practice in Electoral Matters establishes as the first General condition for democratic elections the respect for fundamental human rights, and particularly freedom of expression, assembly and association, without which there can be no true democracy. On the one hand, the problem of ensuring freedom of expression during elections is caused by the wider limits of permissible criticism of candidates and the importance of coverage of the election process, on the other hand, it caused by restrictions on the conduct of election campaigning and the necessity to provide equal access to the media for the subjects of the electoral process. In this context, it is important to find a balance between the right to free elections, freedom of speech and other rights, freedoms and interests of the subjects of the electoral process. This article researches the modern problems of national legal guarantee of freedom of speech and freedom of expression and international electoral standards on the protection of freedom of speech and freedom of expression in the electoral process.