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. 38 11

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