Freedom of political debate has been recognized by international courts, other international bodies and national tribunals as being 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'.10
Part of the importance of this is informing the electorate so that they can exercise their 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.'11 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.12
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 ...13
