Equalities watchdog issues guidance on freedom of expression and respectful discourse
The Equality and Human Rights Commission has issued guidance - including legal considerations - for political candidates and parties on freedom of expression and respectful discourse in the run up to the general election next month.
The guidance covers:
- An overview of freedom of expression and elections.
- Recommendations and principles for respectful discourse and fostering good relations.
- Legal considerations and limits to freedom of expression in law.
- Specific guidance for parties.
In the overview the EHRC said: “Our society is built on the fundamental values of democracy, human rights, equality, liberty and the rule of law. The effectiveness of our democracy depends on freedom of expression and open and robust discourse in which all members of society can participate. Political parties and candidates must be free to engage in and promote discussion and debate - even where others do not agree with, or even take offence at, the views expressed.
“Equality and human rights laws in Great Britain protect these principles. Political speech and debate on questions of public interest are strongly protected by the European Convention on Human Rights (ECHR). While there are some Equality Act duties on political parties, they are relatively limited. This means that political parties and candidates enjoy great latitude in exercising their right to freedom of expression.
“This protection means that political discourse in Great Britain, particularly in the run-up to elections, can be a way through which new, challenging, and sometimes contentious ideas are debated and tested at a local and national level. The positions of authority and influence held by parties and candidates means that not only can they express their own ideas, but they can also play an important voluntary role in creating the conditions for broad democratic participation and respectful discourse. Elections provide a particular opportunity to consider how we can protect and uphold the right to freedom of expression for everyone in society. People from all backgrounds and with a range of views are equally free and empowered to contribute to the debate.”
