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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
...