The Malta Independent 14 October 2026, Wednesday
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Quiet before the storm

Mark Said Sunday, 20 September 2026, 07:02 Last update: about 23 days ago

Apart from personal social media, Friday, May 29, in Malta was an eerie day, with the roads, printed press and broadcasting stations absolutely free from political propaganda intended to influence voters.

This was to be in conformity with Article 65 of the General Elections Act (Cap. 354) that forbids public meetings or public demonstrations on the day immediately preceding the commencement of voting and on the day fixed for voting. Article 114 of the same act extends this prohibition to publication on broadcast media, newspapers or other means of communication.

Moreover, Article 66 of the same act provides that 'During the time fixed for voting at any polling place, no person, other than a person waiting to vote, shall loiter within a distance of fifty metres from that polling place, nor shall any person within the said distance of fifty metres make political propaganda in any manner.' 'Any political party club within the distance of fifty metres from the centre of the width of the door used as an entrance to the polling place shall be kept closed on polling day.'

Many have been arguing that such rules no longer make sense in this day and age and that we should do away with them. However, election campaigns across the EU share some traits in terms of prohibitions and limitations. For example, although not all Member States have rules on whether and from when election silence applies, most of them restrict election canvassing or the publishing of election polls on Election Day or immediately before the opening of the ballots.

Most voters already know in advance whom they will vote for, but younger voters, without established voting habits, are more likely to make a last-minute decision. In some countries, the decision is made in the days leading up to the vote or even on the day itself. According to a Eurobarometer survey conducted some time ago, among the countries with the latest decision-making are Finland (30%), Sweden (33%), and the Netherlands (42%).

Of the twenty-seven countries in the bloc, nine impose no restrictions on candidates' speech in the media or the commentary on opinion polls: Austria, Belgium, Denmark, Estonia, Finland, Germany, Lithuania, the Netherlands, and Sweden. For the remaining eighteen, the media involved, the type of content, and the length of the silence period vary.

Italy, Portugal, Slovakia, and Spain have the strictest legislation.

Italy has the longest reflection period, as the law on equal treatment prohibits sharing opinion poll results two weeks before the elections. All TV, radio, and online media must also respect a silence period on the elections from midnight on the eve of Election Day.

In Slovakia, the silence period starts two days before election day. From that moment, all media are prohibited from "sending or publishing information about candidates, political parties, or coalitions in their favour or against them in word, writing, sound, or image".

In Portugal, opinion polls, candidate statements, and all election-related content cannot be broadcast on any media from midnight on the second day before the day designated for the elections.

Spaniards have access to the latest poll estimates until five days before the elections, while candidates can express themselves in the media and on social networks until the eve of the elections.

Otherwise, most countries have a 24-hour rule of silence imposed on candidates and media about election-related content and opinion polls, but with some variations in their application.

While in most countries the prohibition is imposed on all media, in Greece it does not concern online publications. In Ireland, it is not regulated by an "electoral law" per se, but a silence period is imposed by the guidelines of the Broadcasting Authority. In Romania, the blackout period does not apply from midnight on the day before the elections but from 7 am on the day itself.

In France, a "période de réserve" forbids high-ranking officials such as ministers or other public agents from expressing an opinion or delivering communications for a week before the elections, with some exceptions. The candidates are allowed to campaign until midnight the day before the election.

Bulgaria, the Czech Republic, Hungary, Luxembourg, and Slovenia have restrictions only on opinion polls. In these countries, candidates are allowed to campaign and speak in the media; however, results of opinion polls cannot be made public until election day. Such an arrangement is the case for Bulgaria, Hungary, and Slovenia. The period is longer for the Czech Republic, where polls cannot be available from two days before election day, and in Luxembourg, opinion polls are forbidden five days before election day.

Silence periods can be difficult to apply, especially in the age of social media and globalised connections. Polls can be published online from another country and are therefore not regulated. It is also difficult to regulate and moderate social networks, where even if candidates don't express themselves, disinformation may be prevalent.

Still, one has to give serious consideration to the impact that social media has on an election, together with the legal implications of social media misuse for political campaigns.

Access to reliable information related to the electoral ecosystem is a core prerequisite for informed decision-making, open deliberation, and citizen participation, fostering confidence in the democratic process. The rise of social media platforms as the main preferred source of information among the populace has renewed both interest and concern over the potentially destabilising impact of such platforms in the electoral context.

 


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