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COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
which public service broadcasting organisations may be compelled to
broadcast official messages, declarations or communications, or to report on
the acts or decisions of public authorities, or to grant airtime to such
authorities, should be confined to exceptional circumstances expressly laid
down in laws or regulations ...”. Finally, in the Appendix to
Recommendation Rec(2000)23 on “The Independence and Functions of
Regulatory Authorities for the Broadcasting Sector”, the Committee of
Ministers again stressed the importance for States to adopt detailed rules
covering the membership and functioning of such regulatory authorities so
as to protect against political interference and influence.
53. Recommendation no. R (99) 15 of Committee of Ministers of the
Council of Europe on measures concerning media coverage of election
campaigns provided that regulatory frameworks in Member States should
provide for the obligation of TV broadcasters (both private and public) to
cover electoral campaigns in a fair, balanced and impartial manner, in
particular, in their news and current affairs programmes, including
discussion programmes such as interviews or debates. The Committee of
Ministers also recommended the States to examine the advisability of
including in their regulatory frameworks provisions whereby free airtime is
made available to candidates on public broadcasting services in electoral
time, “in a fair and non-discriminatory manner”, and “on the basis of
transparent and objective criteria”.
54. The Inter-Parliamentary Council (a body of the Inter-Parliamentary
Union based in Geneva), at its 154th session in Paris, on 26 March 1994
adopted the “Declaration on Criteria for Free and Fair Elections”. Pursuant
to that Declaration every candidate must have an equal opportunity of
access to the media, particularly the mass communications media, in order
to put forward their political views (Article 3 § 4). Everyone must have the
right to campaign on an equal basis with other political parties, including
the party forming the existing government; and to seek, receive and impart
information and make an informed choice (Article 3 § 3). The States must
ensure non-partisan coverage in State and public-service media and equality
of access to such media (Article 4).