Freedom
of political debate has been recognized by international courts, other
international bodies, and national tribunals as a fundamental right. The
European Court of Human Rights noted in 1978: "freedom of political debate
is at the very core of the concept of a democratic society".[i] Freedom of political debate means the ability
to openly discuss political matters in public or in the media, based on the
fullest possible access to information about political issues. It is an
expression of a range of fundamental freedoms.
In
1992 the European Court of Human Rights elaborated on freedom of political
debate, indicating that not only is expressing opinions and receiving
information important, but so is media as a forum for interaction between
politicians and the public:
Freedom of the press affords the public one
of the best means of discovering and forming an opinion of the ideas and
attitudes of their political leaders. In particular, it gives politicians the
opportunity to reflect and comment on the preoccupations of public opinion; it
thus enables everyone to participate in the free political debate which is at
the very core of the concept of a democratic society.[ii]
Part
of the importance of political debate is as a way of giving the electorate
information that allows it to exercise its political choice. The UN Technical
Team on the Malawi referendum of 1993, which chose between a single and
multi-party system, stated: "If voters are to make an informed choice at
the polling station, then an active exercise of the freedom [of expression] is
essential."[iii] The
Enugu High Court in Nigeria made a similar observation:
Freedom
of speech is, no doubt, the very foundation of every democratic society, for
without free discussion, particularly on political issues, no public education
or enlightenment, so essential for the proper functioning and execution of the
processes of responsible government, is possible.[iv]
And
the Israeli Supreme Court stated:
Real democracy and
freedom of speech are one. Freedom of speech enables each individual to
crystallize his or her autonomous opinion in the decision-making process vital
in a democratic state. The essence of democratic elections is premised on being
able to reach informed opinions, evaluating them and exposing them to open
debate ...
[v]
[i] Lingens v.
Austria, Judgment of 8 July 1986, Series A no. 103, at para. 42.
[ii] Castells v. Spain, judgment of 23 April
1992, Series A No. 236, §43.
[iii] “Report of the
UN Technical Team on the Conduct of a Free and Fair Referendum on the Issue of
a One Party/Multiparty System in Malawi” (15-21 Nov. 1992), para. 26.
[iv] The State v.
The Ivory Trumpet Publishing Co. [1984] 5 NCLR 736,
High Court, Enugu, 31 Jan 1983.
[v] Zeveli v.
Central Committee for the Elections to the 13th Knesset, and Association for
Civil Rights in Israel v. the Israeli Broadcasting Authority, HC 869/92 and
931/92; 46(2) Piskei Din, 692.
