THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
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television broadcasts and press reports contained elements of unlawful
electoral campaigning against that political party.
23. On 23 September 2003 Mr Zyuganov (the leader of the first
applicant, the Communist Party) complained to the CEC about Mr Putin’s
speech of 19 September 2003 (see paragraph 18 above). On 26 September
2003 the CEC Working Group on Information Disputes examined that
complaint and prepared a report; based on that report on 29 September 2003
the CEC chairman wrote a letter to Mr Zyuganov in which he explained that
there had been nothing unlawful in that speech. The chairman explained that
mass media could report on official statements of public officials and that
such media coverage could not be considered as “campaigning”. The
position of the CEC chairman was later confirmed by the Supreme Court of
Russia in judgments of 16 December 2004 and 7 February 2005. A similar
complaint to the prosecuting authorities also failed: on 10 October 2003 the
Tverskoy District Prosecutor of Moscow refused to initiate administrative
proceedings, referring to the CEC’s conclusion that Mr Putin’s speech had
not violated any electoral regulations. The District Prosecutor’s decision
was upheld by the Moscow Deputy Prosecutor on 24 November 2003 and
by the Deputy Prosecutor General on 11 December 2003.
24. On 16 October 2003 Mr Solovyev (the seventh applicant, in 2003 a
non-voting member of the CEC) complained to the CEC and to the Moscow
Prosecutor’s Office about a television report by Channel One of 12 October
2003 which had stated that United Russia was “leading [in the elections]
having left its competitors far behind” and that the Communist Party was
“losing the voters’ support”. In Mr Solovyev’s submission, that report
constituted illegal electoral campaigning. On 31 October 2003 the
Ostankino District Prosecutor of Moscow refused to institute administrative
proceedings in that regard. That decision was upheld by the Moscow
Deputy Prosecutor on 28 November 2003.
25. On 22 October 2003 Mr Solovyev complained to the CEC about
television programmes broadcast on 7 October 2003 featuring a friendly
meeting between the United Russia leader and a well-known singer. The
CEC found no elements of electoral campaigning in that broadcast, and the
seventh applicant was informed accordingly by a letter from a CEC member
dated 5 November 2003.
26. On an unspecified date Mr Zyuganov, Mr Solovyev and several
other members of the Communist Party complained about the media
coverage of the elections by Channel One and VGTRK period to the
Working Group on Information Disputes. On 31 October 2003 the Working
Group issued a report noting that VGTRK “had displayed a tendency
towards deliberate and systematic dissemination of neutral or positive, or
even complimentary, information about the events related to the activities of
the United Russia party, while providing mainly negative coverage of the
activities of the Communist Party”. As regards Channel One, it found that