24 MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT information on how they cast their ballots. In addition, in Portugal, the National Electoral Commission has adopted a practice of barring voters from taking and publishing photographs of their ballot papers on Internet platforms. 44. The existing legislation in nine countries (Austria, Georgia, Germany, Lithuania, Moldova, North Macedonia, San Marino, Serbia and Turkey) bans photography, cameras and mobile telephones within polling stations. In Austria, the Constitutional Court ruled that the voluntary publication of information by voters, particularly via social media, concerning the way they had cast their ballot did not violate the principle of free suffrage, since this principle was designed only to protect voters from influence over individuals’ electoral decisions. 45. In three countries (Croatia, France and the United Kingdom) the electoral bodies have adopted instructions and recommendations discouraging voters from using mobile telephones in polling stations. IV. COUNCIL OF EUROPE DOCUMENTS 46. Recommendation 1704 (2005) of the Parliamentary Assembly, entitled “Referendums: towards good practices in Europe”, adopted on 29 April 2005, provides in particular as follows: “... 2. The Parliamentary Assembly considers referendums as one of the instruments enabling citizens to participate in the political decision-making process; it also recognises the essential contribution of organised civil society in the framework of participatory democracy. ... 12. Confirming its previous positions, the Assembly highlights that direct popular participation in the decision-making process requires the electorate to be adequately informed about those matters to be decided upon, as well as about the democratic decision-making process in general. With these considerations in mind, the Council of Europe should reinforce its activities on media awareness and education for democratic citizenship, also in the context of the elaboration of good practices on referendums. ...” 47. On 13 and 14 October 2006, at its 68th plenary session, the European Commission for Democracy through Law (the Venice Commission) adopted the “Guidelines on the holding of referendums” which provide, in so far as relevant, as follows: “... 3.2. Freedom of voters to express their wishes and action to combat fraud a. Voting procedure ...

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