14/2006. (IV. 18.) OVB resolution on campaign silence (out of force)

The National Election Committee, acting within its competence as laid down in Section 90/A (4) a), Section 99/K (5) a), Section 105/A (4) a), Section 124/A (3) a), Section 131/A a) and Section 143/A (4) of Act C of 1997 on Electoral Procedure (hereinafter: Ve.), issues the following

resolution

on campaign silence.

According to Section 40 (2) of the Ve., "it is prohibited to conduct an election campaign from 0:00 on the day preceding the vote until the end of the vote (campaign silence)".

According to Section 41 of the Ve., "a violation of campaign silence includes influencing the voters' will, such as: free services provided to voters by a candidate or nominating organization (organized transport to the polls, giving food and drink), distributing party badges, flags, party symbols, objects containing the candidate's photograph or name, placing election posters (hereinafter: posters), or providing information suitable for influencing the voters' will electronically or by other means".

The National Election Committee, by repealing its Resolution 11/1998. (V. 18.), issues the following position:
- A violation of campaign silence occurs if, after it has begun, any written or electronic medium mentions or features a person or party related to the election, or provides information about the number and composition of candidates, possible withdrawals, etc., provided that this action is capable of influencing the voters' will. This requirement also applies to the repetition of previously recorded programs. During the campaign silence, the vote counting committee is entitled to provide information about a withdrawn candidate, in accordance with Section 67 (3) of the Ve.
- A violation of campaign silence also occurs in the case of conduct where candidates, nominating organizations, or others, in an organized manner - during the period of campaign silence - send encouraging SMS, e-mails or automated call messages to voters without a specific request or prior authorization to participate in the election or support certain candidates or nominating organizations.
- Personal communication between citizens as private individuals does not constitute a violation of campaign silence, regardless of its content and form (e.g. letter, SMS, e-mail, internet blog).
- Internet blogs written by public figures, candidates or persons on the lists of nominating organizations, and the websites of candidates or nominating organizations cannot be updated or their content changed during campaign silence. This restriction is independent of where the data storage device containing the website is located, if its content is accessible electronically from Hungary. However, only a person or organization under Hungarian jurisdiction can commit a violation of campaign silence.
- Providing information or other content to a voter electronically at an e-mail address provided by them based on a separate, prior order cannot be suitable for influencing the voter's will due to the voluntary nature of the request, and thus cannot constitute a violation of campaign silence.

Budapest, 18 April 2006

Dr. Péter Szigeti
President of the National Election Committee
elnöke