LESSONS FOR REGULATING CAMPAIGNING ON SOCIAL MEDIA
It will also be important to continue exchanging comparative experience across jurisdictions. ElectionJudgments.org
provides one opportunity to do so – enabling judges and practitioners to find and share relevant decisions and
contribute to the transparency of judgments and legal standards in this area, which can in turn play a role in improving
online campaign regulation by bringing to light gaps and challenges in enforcement.
“…[N]ew information technologies have created a novel “public sphere” for the
democratic debate, with new actors and conflicting rights that cannot be correctly
addressed with the current understanding of human rights and democracy as an
issue only between citizens and governmental institutions, or even as an
exclusively national problem. Therefore, we require a different model based on
principles of co-responsibility and international cooperation to regulate, adjudicate
and solve fundamental rights collisions, to simultaneously protect social and
individual freedoms in the era of e-democracy.”
– Justice José Luis Vargas Valdez, Chief Justice of the High Chamber of the Electoral Tribunal of Mexico 38
José Luis Vargas Valdez, Study on the Role of Social Media and the Internet in Democratic Development, European Commission for
Democracy Through Law (Venice Commission), Nov. 21, 2018, available at
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-LA(2018)001-e.
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