14/2002. (IV. 4.) OVB resolution - on certain issues of campaign silence (beyond force)

Repealed by Resolution 2/2007 (III. 19.) OVB

The National Election Committee, acting within its competence as laid down in Section 34 (2) a) of Act C of 1997 on Electoral Procedure (hereinafter: Ve.), issues the following

resolution

According to Section 3 c) and d) of the Ve., when applying the rules of the electoral procedure, the participants involved in the election must enforce the principles of equal opportunity and good faith and proper exercise of rights.

According to Section 8 (1) of the Ve., from the eighth day before the vote until the conclusion of the vote, the results of public opinion polls related to the elections may not be published.

According to Section 40 (2) of the Ve., from 0:00 a.m. on the day before the vote until the conclusion of the vote, it is forbidden to conduct an election campaign (campaign silence).

According to Section 41 of the Ve., a violation of campaign silence includes influencing the voters' will, in particular: providing free services to voters by the candidate or nominating organization (organized transportation to the polls, providing food and drinks), distributing party badges, flags, party symbols, objects containing the candidate's photo or name, placing election posters (hereinafter: posters), and providing information capable of influencing the voters' will electronically or by other means.

According to the National Election Committee, the time of publication, disclosure, display, or content update is decisive for a violation of campaign silence.

Based on the above, it is considered a violation of Ve. Section 8 (1) if a written or electronic medium publishes already published public opinion poll results related to the election after the 8th day before the election, regardless of whether the specific poll was conducted before or after the deadline.

It is not considered a violation of campaign silence if information about candidates and parties published before the start of campaign silence is available on the electronic content provider's website, even during the campaign silence period. However, it is a violation of campaign silence if, after it has begun, the electronic content provider publishes or updates such information, whether it originated earlier or during the campaign silence.

The publication of previous election results that overlaps with the campaign silence period is not a violation of campaign silence, provided that it does not conflict with the requirements of equal opportunity and good faith and proper exercise of rights.


Budapest, 4 April 2002

Dr. Lajos Ficzere
President of the National Election Committee