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Election Law Banning Rallies, Gatherings Declared Unconstitutional

Written: 2022-07-21 18:01:19Updated: 2022-07-21 18:28:28

Election Law Banning Rallies, Gatherings Declared Unconstitutional

The Constitutional Court has ruled that a clause in an election law banning rallies and gatherings during official campaign periods breaches the Constitution.
 
In a six-to-three vote on Thursday, the court said the clause in the Public Official Election Act is deemed unconstitutional, as it infringes upon the freedom of assembly and political expression.
 
The court also said rallies and gatherings cannot be viewed as causing specific harm to equal opportunity and election fairness, so clamping down on them violates such freedom. 
 
The court noted the decision supports the view that voters do not passively remain on the sidelines of election campaigns but that they can also exercise their rights by expressing their opinions about candidates, an act that comprises an important element of a democratic society.
 
Regarding another clause that bans putting up banners and advertising materials designed to influence elections from 180 days before the elections, the court also ruled it as unconstitutional in a unanimous decision. 

The ruling is expected to bring about major changes in the rallies and gatherings during the election campaigns starting with the next general elections in April 2024.

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