Ref. Ares(2018)3317693 - 22/06/2018
Event on Democratic Participation and Electoral Matters
25-26 April 2018
Questions to Member States' authorities
1. Has your country introduced any measures governing the use of media and social media in
the context of election campaigns? These measures may include, but not be limited to:
i. the observance of election silence period,
No
ii. prohibition of disinformation (fake news)
No
iii. equal representation of candidates
No.
iv. financial rules on campaigning and especially advertising limitations,
awareness campaigns or bypassing the established financial limits.
Yes. See “ Loi du 4 juillet 1989 relative à la limitation et au contrôle des
dépenses électorales engagées pour l’élection de la Chambre des
représentants, ainsi qu’au financement et à la comptabilité ouverte des
partis
politiques. »
(only
available
in
french
and
dutch :
http://elections.fgov.be/fileadmin/user_upload/Elections2014/FR/Electeurs/
reglementation/lois/LOI-DU-4-JUILLET-1989-version-20140215.pdf ).
If so, please briefly list such measures and explain possible exemptions for example for social
media. If not, is your country currently considering introducing such measures in the future
and for which media?
2. Is there any existing case law in your country or relevant opinions of the electoral
commission regarding the use of media, and of social media platforms, during election
period? If so, please provide an overview.
See
page
78
of
http://elections.fgov.be/fileadmin/user_upload/Elections2014/FR/Candidat/en_pratique/de
penses/51K3115001_Vademecum.pdf (only available in French and dutch).
3. Has your country introduced any transparency or disclosure requirements for political
entities advertising online in general and social media in particular? Do political digital ads
have to be explicitly labelled with an imprint? Does the funding and provenance of these ads
have to be clearly displayed?
See question 2.
4. In which way do you monitor the application of relevant provisions of national election laws
or other above mentioned measures? Which authority covers political ads (i.e. advertising
authority or other authorities)? Have you started to develop online archives of political
adverts?
All monitoring about the applications of relevant provisions of above mentioned measures is
a competence of the “commission des dépenses électorales” who is a part of the Belgian
parliament.
Our Unit is not competent in this matter.
5. Would you consider a possible role for National Statisticians to play in formal fact checking
during elections, at least of certain materials where statistical data is at the core?
/
6. Given the importance of freedom of expression in election campaigning and the democratic
process, what is in your view the balance between formal regulation and self-regulation?
All monitoring about the applications of relevant provisions of above mentioned measures is
a competence of the “commission des dépenses électorales” who is a part of the Belgian
parliament.
Our Unit is not competent in this matter.
7. The use of third party data sources by political parties is increasing significantly - from
companies such as Experian, Axiom etc. These data sources are then linked to electoral
registers. There are significant issues around transparency and whether the public are aware
of this. What in your view can be done to make the public more aware of how data is used in
campaigning?
All monitoring about the applications of relevant provisions of above mentioned measures is
a competence of the “commission des dépenses électorales” who is a part of the Belgian
parliament.
Our Unit is not competent in this matter.
8. Has your national data protection authority issued guidance on personal data processing,
including with regards to social media, in the context of election campaigns?
Our Unit is not competent in this matter.
9. Does the electoral commission in your country have any specific collaboration with data
protection authorities with regard to the issues discussed above? Is this collaboration
formalised in any way (e.g. through a Memorandum of Understanding or similar)?
/
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