6 MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT it in the ballot box, he or she infringes the principle of the bona fide exercise of voting rights in accordance with their purpose. Taking ballot papers out of the polling station, or taking photographs, videos, etc. of them, can also lead to electoral fraud, the prevention of which [furthers] the public interest in protecting the fairness of elections. 3. The use of ballot papers [in a manner] contrary to their purpose can also infringe the principle of secrecy of elections, as enshrined in Hungary’s Fundamental Law. The secrecy of elections also encompasses the secrecy of ballot papers; thus, taking photographs of voting or of ballot papers is in breach of the principles of the Act on Electoral Procedure. Voting secrecy does not only serve the safe expression of voters’ will, but the realisation of the voting procedure, in accordance with the rule of law and the principles of democracy. Thus, its importance goes beyond the conduct of individual voters. Obviously, voting secrecy does not create an obligation of confidentiality on the voters’ side, but the obligation to exercise rights in accordance with their purpose means that voters should not abuse the fact that voting secrecy can only be partially realised without their cooperation. 4. In the view of the National Election Commission neither the provisions of the Fundamental Law nor the provisions of the Act on Electoral Procedure mean that ballot papers would constitute the property of voters; therefore, they cannot treat ballot papers as their own [property] and can only use them for the purpose of voting. Voluntary participation in the voting procedure does not mean that a voter may take a ballot paper from the polling station.” Reasoning “In the Commission’s view ... official ballots do not constitute voters’ property ... Not even spoilt ballot papers can be at the free disposal of voters. The National Election Commission therefore finds the only conduct that is in compliance with the principles of the bona fide exercise of voting rights in accordance with their purpose and voting secrecy, as enshrined in Article 2 (1) of the Fundamental Law..., is if the voter, while casting his or her vote, does not treat the ballot papers as his or her own but as a means to express his right to vote and to establish the outcome of the voting process. Thus, he or she cannot take the ballot paper out of the polling station and cannot take a photograph with either a telecommunication, digital or any other device with the purpose of showing it to another person. The purpose of these guidelines is to counteract electoral fraud (for example, through so-called “chain voting”) for the sake of the protection of the fairness of elections.” III. RELEVANT INTERNATIONAL MATERIAL 22. Recommendation CM/Rec(2016)5 of the Committee of Ministers to member States on Internet freedom provides as follows: 2.2. Freedom of opinion and the right to receive and impart information “2.2.1. Any measure taken by State authorities or private-sector actors to block or otherwise restrict access to an entire Internet platform (social media, social networks, blogs or any other website) or information and communication technologies (ICT) tools (instant messaging or other applications), or any request by State authorities to

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