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COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
Manole and Others, cited above, §§ 100-01). In the context of elections the
duty of the State to adopt some positive measures to secure pluralism of
views has also been recognised by the Court (see, for example, MathieuMohin and Clerfayt, cited above, § 54; see also, mutatis mutandis,
Informationsverein Lentia and Others v. Austria, judgment of 24 November
1993, Series A no. 276, § 38, and Russian Conservative Party of
Entrepreneurs and Others v. Russia, nos. 55066/00 and 55638/00, §§ 71-72,
11 January 2007).
126. Turning to the present case, the Court notes that the State was
under an obligation to intervene in order to open up the media to different
viewpoints. That being said, it is clear that the time and technical facilities
available for political broadcast were not unlimited. As the case shows, the
applicants did obtain some measure of access to the nation-wide TV
channels; thus, they were provided with free and paid airtime, with no
distinction made between the different political forces. The amount of
airtime allocated to the opposition candidates was not insignificant. The
applicants did not claim that the procedure of distribution of airtime was
unfair in any way. Similar provisions regulated access of parties and
candidates to regional TV channels and other mass media. In addition, the
opposition parties and candidates were able to convey their political
message to the electorate through the media they controlled. In this
connection, the Court also notes that it follows from the report of the
OSCE/ODIHR, which generally found that the main country-wide state
sponsored broadcasters that were monitored, openly promoted United
Russia, that voters who actively sought information could obtain it from
various sources (see paragraph 20 above). The Court considers that the
arrangements which existed during the 2003 elections guaranteed the
opposition parties and candidates at least minimum visibility on TV.
127. Lastly, the Court turns to the applicants’ allegation that the State
should have ensured neutrality of the audio-visual media. The “duty of
neutrality”, invoked by the applicant, was referred to by the Venice
Commission as one of the preconditions of equal suffrage (see paragraph 51
above). The Court has already admitted that political pluralism can be
regarded as a “pressing social need” legitimising some forms of interference
with the freedom of expression (see Bowman, cited above). At the same
time the Court has repeatedly warned against prior restraints on free speech
(see, for example, The Sunday Times v. the United Kingdom (no. 2),
26 November 1991, § 51, Series A no. 217), and stressed that in the sphere
of political debate wide limits of criticism are acceptable (see Lingens
v. Austria, judgment of 8 July 1986, Series A no. 103, §§ 41 and 42). The
question is what sort of interference with journalistic freedom would be
appropriate in the circumstances in order to protect the applicants’ rights
under Article 3 of Protocol No. 1. The Russian legislation then in force
defined neutrality and editorial independence as basic principles according