Election Silence
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Election silence, blackout period, pre-election silence, electoral silence, or campaign silence is a ban on political campaigning or media coverage of a
general election A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
, before or during that election.


Operation

In some jurisdictions, such as Slovenia, Poland and Nepal, it is forbidden to try to convince people to vote for a specific candidate or political party on the day of election. Some jurisdictions have declared that, legally, election silence is in
violation of law A wrong (from Old English – 'crooked') is an act that is illegal or immoral. Legal wrongs are usually quite clearly defined in the law of a state and/or jurisdiction. They can be divided into civil wrongs and crimes (or ''criminal offenses'') ...
regarding
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
. It is however used in some of the world's democracies "in order to balance out the campaigning and maintain a free voting environment". Whereas in others, a more limited form of 'silence' operates where the media are prevented from commenting on campaign activities on polling day, and/or publication of opinion polls is illegal. An election silence operates in some countries to allow a period for voters to reflect on events before casting their votes. During this period no active campaigning by the candidates is allowed. Often
polling Poll, polled, or polling may refer to: Figurative head counts * Poll, a formal election ** Election verification exit poll, a survey taken to verify election counts ** Polling, voting to make decisions or determine opinions ** Polling places o ...
is also banned. The silence is generally legally enforced, though in some countries it is just a "
gentlemen's agreement A gentlemen's agreement, or gentleman's agreement, is an informal and legally non-binding agreement between two or more parties. It is typically oral, but it may be written or simply understood as part of an unspoken agreement by convention or th ...
" between leading parties.


Usage and practice


Overview

Election silences are observed in the following countries, amongst others. Their duration, before the election, is given in parentheses: *
Armenia Armenia (), , group=pron officially the Republic of Armenia,, is a landlocked country in the Armenian Highlands of Western Asia.The UNbr>classification of world regions places Armenia in Western Asia; the CIA World Factbook , , and ''Ox ...
(24 hours) *
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
(48 hours) *
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
(ban on TV and radio advertising from midnight on the Wednesday before polling day to the close of polls on polling day—always a Saturday) *
Azerbaijan Azerbaijan (, ; az, Azərbaycan ), officially the Republic of Azerbaijan, , also sometimes officially called the Azerbaijan Republic is a transcontinental country located at the boundary of Eastern Europe and Western Asia. It is a part of th ...
(24 hours before voting) *
Bahrain Bahrain ( ; ; ar, البحرين, al-Bahrayn, locally ), officially the Kingdom of Bahrain, ' is an island country in Western Asia. It is situated on the Persian Gulf, and comprises a small archipelago made up of 50 natural islands and an ...
(24 hours before voting) *
Barbados Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Islands. It occupies an area of and has a population of about 287,000 (2019 estimate). ...
(polling day and previous) *
Bosnia and Herzegovina Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and H ...
(24 hours) *
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
(ban on TV and radio advertising from 20:40 on the Thursday before polling day to the close of polls on polling day–always a Sunday; the same applies for runoffs) *
Bulgaria Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedon ...
(24 hours in advance of polling day and on polling day) *
Cambodia Cambodia (; also Kampuchea ; km, កម្ពុជា, UNGEGN: ), officially the Kingdom of Cambodia, is a country located in the southern portion of the Indochinese Peninsula in Southeast Asia, spanning an area of , bordered by Thailand t ...
(48 hours, on the eve "White Day" and polling day, alcohol selling ban also applied) *
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
(advertising banned before polls close on polling day) *
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = "Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capit ...
(from 00:00 on the preceding day until the polling stations close) *
Cyprus Cyprus ; tr, Kıbrıs (), officially the Republic of Cyprus,, , lit: Republic of Cyprus is an island country located south of the Anatolian Peninsula in the eastern Mediterranean Sea. Its continental position is disputed; while it is geo ...
(48 hours) *
Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
(3 days) *
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
(48 hours) *
Fiji Fiji ( , ,; fj, Viti, ; Fiji Hindi: फ़िजी, ''Fijī''), officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. It lies about north-northeast of New Zealand. Fiji consists ...
(48 hours) *
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
(on the Saturday before the Sunday election; polling silence included) *
Greece Greece,, or , romanized: ', officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkans, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders with ...
(48 hours) *
Hungary Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia a ...
(from 00:00 on the preceding day) *
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
(48 to 24 hours in advance of polling day and on polling day) *
Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
(3 days before voting day) *
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
(from 14:00 on the preceding day) *
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
(from 19:00 on the preceding day) Polls are banned for 5 days before the election. TV and radio ads are banned during campaign beside a concentrated bloc scheduled by the election committee around 2 weeks before the election. *
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
(from 00:00 on the preceding day), polling banned from 15 days before elections, it is prohibited to say the names of candidates on television in the month before elections (except for TV news programs and regulated electoral advertising) *
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
(election day) *
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
(election day) *
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
(from 00:00 on the preceding day until the polls close on election day; since elections always fall on a Saturday, this means that the silence period starts on Friday at midnight) *
Montenegro ) , image_map = Europe-Montenegro.svg , map_caption = , image_map2 = , capital = Podgorica , coordinates = , largest_city = capital , official_languages = M ...
(48 hours) *
Mozambique Mozambique (), officially the Republic of Mozambique ( pt, Moçambique or , ; ny, Mozambiki; sw, Msumbiji; ts, Muzambhiki), is a country located in southeastern Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi ...
(48 hours for campaigning; polling during the entire campaign period) *
Nepal Nepal (; ne, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne, सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in South Asia. It is mai ...
(48 hours) *
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
(between 00:00 and 19:00 on election day). *
North Macedonia North Macedonia, ; sq, Maqedonia e Veriut, (Macedonia before February 2019), officially the Republic of North Macedonia,, is a country in Southeast Europe. It gained independence in 1991 as one of the successor states of Socialist Feder ...
(from 00:00 on the preceding day) *
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
(24 hours) *
Paraguay Paraguay (; ), officially the Republic of Paraguay ( es, República del Paraguay, links=no; gn, Tavakuairetã Paraguái, links=si), is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to th ...
(48 hours) *
Peru , image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = Seal (emblem), National seal , national_motto = "Fi ...
(24 hours) *
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
(on
Maundy Thursday Maundy Thursday or Holy Thursday (also known as Great and Holy Thursday, Holy and Great Thursday, Covenant Thursday, Sheer Thursday, and Thursday of Mysteries, among other names) is the day during Holy Week that commemorates the Washing of the ...
up to
Good Friday Good Friday is a Christian holiday commemorating the crucifixion of Jesus and his death at Calvary. It is observed during Holy Week as part of the Paschal Triduum. It is also known as Holy Friday, Great Friday, Great and Holy Friday (also Hol ...
, and from 00:00 on the preceding day up to election day. At this time, political campaigns are prohibited.) *
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
(from 00:00 on the preceding day, and on the election day) since 1991 *
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
(24 hours before, and during the election day) *
Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
(24 hours) *
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...
(24 hours) called "cooling-off day", first implemented in 2011 *
Serbia Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
(from 00:00 two days before election day) *
Slovakia Slovakia (; sk, Slovensko ), officially the Slovak Republic ( sk, Slovenská republika, links=no ), is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the s ...
(24 hours, polling 14 days before election day.) *
Slovenia Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, an ...
(from 00:00 on the preceding day, and in the election day until the polling stations close) *
South Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is formed ...
(Election day; releasing opinion polls are prohibited starting from 6 days before the election day) *
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
(24 hours before election day) called "reflection day". Polling is banned five days before election day, although there are some legal tricks, like publishing abroad *
Sri Lanka Sri Lanka (, ; si, ශ්‍රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
(48 hours before election day) *
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
(Election day; releasing opinion polls are prohibited starting from 10 days before the election day) *
Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
(from 18:00 on the preceding day until the polling stations close, alcohol selling ban also applied) *
Tunisia ) , image_map = Tunisia location (orthographic projection).svg , map_caption = Location of Tunisia in northern Africa , image_map2 = , capital = Tunis , largest_city = capital , ...
(from 00:00 on the preceding day, and in the election day until the polling stations close) *
Ukraine Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...
(from 00:00 on the preceding day, prohibition of agitation on polling stations, external commercials and banners should be removed) *
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
; while polling stations are open, broadcast media cannot report on any campaign activity, and it is forbidden to publish an exit poll or anything resembling one until voting closes. However, candidates and parties can still campaign (and often do so intensively), and print and digital media have no additional reporting restrictions. *
Uruguay Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
(from 00:00 two days before election day)


Bulgaria

The
Constitutional Court of Bulgaria The Constitutional Court of Bulgaria is in charge of reviewing the constitutionality of laws and statutes brought before it, as well as the compliance of these laws with international treaties that the Government has signed. The 12 members of the C ...
ruled in 2009 that both electoral silence and ban on
opinion polls An opinion poll, often simply referred to as a survey or a poll (although strictly a poll is an actual election) is a human research survey of public opinion from a particular sample. Opinion polls are usually designed to represent the opinions ...
before the election day represented a violation of freedom of speech.


Canada

It is not permitted to "transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district". Prior to the
2015 Canadian federal election The 2015 Canadian federal election held on October 19, 2015, saw the Liberal Party, led by Justin Trudeau, win 184 seats, allowing it to form a majority government with Trudeau becoming the next prime minister. The election was held to elect m ...
, the distribution of election results in regions of the country where polls have not yet closed was banned, so results from ridings in the Eastern and Atlantic provinces would not influence results in the west. This was upheld as lawful in a 2007 decision of the Supreme Court, '' R v Bryan''. In January 2012, the Government announced it would repeal the prohibition " s itdoes not make sense with the widespread use of social media and other modern communications technology", upon the urging of the then Chief Electoral Officer,
Marc Mayrand Marc Mayrand is a Canadian public servant who served as the sixth chief electoral officer of Canada from 2007 to 2016, where he oversaw Elections Canada. Career Mayrand studied law at the University of Ottawa and the London School of Economics ...
. It was repealed by the Fair Elections Act on June 19, 2014. Although media organisations are not permitted to be present for the count of results or to enter polling rooms, they may shoot video or photos from outside of a polling room as long as the
secrecy of the ballot The secret ballot, also known as the Australian ballot, is a voting method in which a voter's identity in an election or a referendum is anonymous. This forestalls attempts to influence the voter by intimidation, blackmailing, and potential vote ...
is maintained and access to the room is not impeded. Between 1993 and 1998, the distribution of election surveys 74 hours before election day was banned. This was struck down by the Supreme Court of Canada as violating section 1 of the
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
in '' Thomson Newspapers Co v Canada (AG)''.


Slovenia

The
Constitutional Court of Slovenia The Constitutional Court of Slovenia (in Slovene: ''Ustavno sodišče Republike Slovenije, US RS'') is a special court established by the Slovenian Constitution. Since its inception, the Court has been located in the city of Ljubljana. Jurisdic ...
ruled in 2011 that a ban on opinion polls was unconstitutional. Until 2016, any mention of the candidate on the day of election was prohibited. Those who published positive or critical statements about parties or candidates on social media, online forums, or stated them for example in restaurants, were prosecuted and fined. For over two decades, media and voters refrained from talking about politics on the day before the elections and on election day. In 2016, the Supreme Court ruled that "not every opinion is propaganda", published a new definition of the term 'propaganda' and reverted a lower court judgement, which convicted a person who published "Great interview! Worth reading!" on Facebook.


Hungary

The
Constitutional Court of Hungary The Constitutional Court of Hungary ( hu, Magyarország Alkotmánybírósága) is a special court of Hungary, making judicial review of the acts of the Parliament of Hungary. The official seat of the Constitutional Court is Budapest. Until 2012 ...
ruled in 2007 that a ban on opinion polls was unconstitutional, but upheld electoral silence.


United States

The U.S. Supreme Court ruled in '' Burson v. Freeman'' (1992) that campaigning can only be limited on election day in a small area around the polling station. Any broader ban on speech would be unconstitutional.Burson v. Freeman, 504 U.S. 191 (1992)


References

{{reflist, 30em


External links

*
ACE Electoral Knowledge Network The ACE Electoral Knowledge Network is a web portal with information on elections designed to meet the needs of people working in the electoral field. Goals The goal of the ACE network is to provide knowledge to people working in the field el ...

map of blackout periods around the world
Election campaigning Elections terminology Election campaign law