Is it worth introducing a ban on a negative election campaign? Cover Image

Czy warto wprowadzić zakaz negatywnej kampanii wyborczej?
Is it worth introducing a ban on a negative election campaign?

Author(s): Piotr Uziębło
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Philosophy of Law, Sociology of Law, Administrative Law
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: negative campaigning; election campaign; freedom of speech; political efficiency

Summary/Abstract: Nowadays, negative campaigning is a permanent feature of political life. This often leads to situations where false or manipulated information determines the outcome of an election. Consequently, some countries have decided to significantly restrict the possibility of negative campaigning, as exemplified by Japanese or French legislation. The question can be asked whether similar bans would be worth introducing in Poland. One argument in favour of their introduction is the desire to increase the substantive level of electoral campaigning or to better ensure implementation of the principle of equal electoral opportunities. However, there are more arguments against such a ban. It would constitute a significant limitation of the principle of freedom of speech and, consequently, a limitation of the transparency of politics or the assurance of actual rivalry between political parties.

  • Issue Year: 2023
  • Issue No: 44 (3)
  • Page Range: 109-122
  • Page Count: 14
  • Language: Polish