THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
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ii. Whether the elections were “free” in so far as the media coverage was
concerned
91. The Government maintained that the Court had only a limited role in
reviewing the compatibility of the national electoral systems with Article 3
of Protocol No. 1. The Government also referred to the interrelation
between the guarantees of Article 10 of the Convention (freedom of
expression) and Article 3 of Protocol No. 1 thereto, and to the States’ wide
margin of appreciation in establishing a fair balance between these two
guarantees.
92. The Government contested the applicants’ argument that the
principle of equal access to the media was formulated too vaguely in the
law. This was a general principle and, consequently, could not be described
in a more specific manner. Other provisions of the Russian legislation on
elections were more detailed and left no room for interpretation. There
existed various forms of publicity for candidates participating in elections,
ranging from TV programmes to leaflets and posters. Candidates had equal
rights of access to the State and private TV channels. All leading State
broadcasting companies were required by law to provide candidates with a
certain amount of free airtime, with no preference given to any particular
party. Having analysed the financial statements of the opposition parties, the
Government concluded that those parties had the financial resources to buy
extra airtime but had preferred not to do so and had spent the money in
other ways. The Government concluded that those parties had had ample
opportunities to increase their visibility on TV channels, but had preferred
not to do so for tactical reasons. The Government also analysed the pattern
of spending from electoral funds by the applicants who had been individual
candidates in the 2003 elections. The data showed that those candidates had
spent more money on political advertisements in the press than on TV.
93. The Government further explained the difference between electoral
campaigning and “information slots”, which were supposed to be neutral.
The content of “information slots” depended on the number and character of
“events” generated by a particular candidate. Those candidates and parties
who had more events worth covering received more coverage in the
“information slots”. The applicants had never complained that the TV
channels had refused to report on a particular “event”.
94. Russian law achieved a fair balance between the freedom of the
press and the requirement of free elections. That being said, the State could
not control the editorial policy of the mass media. Accordingly, the
limitations guaranteeing the neutral character of information slots did not
cover all journalistic activity.
95. The Government referred to Recommendation no. R 99 (15) (see
paragraph 53 above) which did not require that all candidates should have
equal time on TV, but that their views must be made known to the voters.
The Government concluded that the authorities of the Russian Federation