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: