Can citizens be banned from filming at polling stations?

Filming within a polling station without the citizen's consent may be stopped. According to local media reports, this issue was discussed by Mazahir Panahov, the Chairman of the Central Election Commission (CEC), on February 1.

According to the CEC Chairman, this process could lead to a complete ban: "It is acceptable to talk to a citizen and get their opinion. But it is not right to interfere with their work, disrupt the process, or film without permission."

Some experts, however, argue that if filming at polling stations is prohibited, it would violate the principles of freedom of expression and transparency.

Zahid Oruc, the Chairman of the Human Rights Committee of the National Assembly, told Turan that, over the past decades, no matter the media organization's ideology or financial sources, filming at polling stations had never been prevented: "However, the actions of some polling station commission members in specific situations are not necessarily related to election requirements. These members sometimes seem to oppose filming to control actions at the station. In fact, filming any non-election-related actions can sometimes cause significant legal conflicts at polling stations. Media organizations argue that this is a public process with no private life aspects, so such claims cannot be raised."

Oruc believes this issue needs a broader discussion: "In recent years, on one hand, the installation of web cameras at some polling stations, and on the other hand, the widespread use of mobile phones, creates the impression of total control. In some cases, an episodic situation may be filmed and presented as the overall election situation at that station. What should happen in such cases? Moreover, hybrid media is expanding."

According to the deputy, Panahov’s statements do not imply that all polling stations will be completely excluded from cameras and public oversight: "I believe political parties and civil society should engage in broad dialogue to prevent conflicts among citizens at polling stations and ensure that everyone interprets the real provisions of the law correctly. I hope we can build such political and public trust that we no longer need to highlight the election observation process."

Seimur Hazi, Vice-Chairman of the Azerbaijan Popular Front Party (APFP), believes that a ban on filming at polling stations is illegal and violates the principle of election transparency: "The Azerbaijani Constitution states that elections are conducted through free, personal, and secret voting. Secrecy applies to the voting booth, while transparency applies to the exterior of the booth. If it is prohibited to film people on election day, then why does the CEC install online cameras at polling stations, as it is done everywhere in the world?"

In Hazi’s opinion, the issue is that independent journalists, civil society representatives, and public activists film election violations and expose them: "The CEC realizes that their potential to capture footage is being neutralized because of public condemnation. They are criticized, and they don't want to participate in future processes. To prevent this, such proposals are being put forward."

He emphasized that this proposal contradicts Azerbaijan’s initial commitments regarding freedom of expression before the Council of Europe: "The only legal reference point for the rest of the defunct journalism is these commitments. The ability to film freely at public events is directly reflected here. Requiring journalists to be accredited, imposing bans, or deciding whether to permit filming is illegal."

Bashir Suleymanli, head of the Institute for Civil Rights, expressed surprise at the statement: "A few years ago, Mazahir Panahov thanked those filming and social media users, stating that such recordings are very important. But shortly after, the same person made a contradictory statement."

According to the expert, the statement "filming a citizen without consent during elections is not allowed" is incorrect: "First of all, since elections are public events, the provision in the Election Code requiring election commissions to operate transparently and openly means that prohibiting filming and information gathering during elections is illegal. The law clearly states that elections must be conducted in an open environment."

Suleymanli noted that, on the other hand, elections are not about personal inviolability: "Since elections are public events, individuals, in addition to their citizen status, also have voter status. Therefore, filming someone casting their vote or a violation is not an infringement on private life. Requiring permission to film or banning it violates freedom of expression and the law."

He believes that if this issue is considered important, the government could make changes to the legislation: "But that would be a suppression of freedom of expression, observation, and public oversight. The goal would be to prevent violations from becoming public. This would go against Azerbaijan's commitments before the Council of Europe and the OSCE."