8
COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
“Channel One displayed a tendency towards deliberate and systematic
dissemination of neutral or positive information about the events related to
the activities of United Russia, while providing mainly negative coverage or news items accompanied by negative comments - of the activities of the
Communist Party”. The Working Group called on Channel One and
VGTRK to comply with the provisions of the Duma Elections Act, in
particular the principle of fair and impartial coverage of the electoral
campaign. It also indicated that violations of the election coverage rules
established by the Duma Elections Act were punishable under Article 5 § 5
of the Code of Administrative Offences.
27. On 6 November 2003 the CEC sent a letter to Channel One,
VGTRK, Ren TV and TV Centre indicating that some of the material
broadcast on Channel One and VGTRK displayed a tendency towards
dissemination of predominantly positive or, on the contrary, predominantly
negative information about the activities of “certain political parties and
electoral blocs” standing for election to the Duma, and indicated that the
directors of the State broadcasting companies must comply with the
provisions of the Duma Elections Act governing election coverage, as
interpreted by the Constitutional Court.
28. On an unspecified date Mr Zyuganov complained to the Moscow
City Prosecutor’s Office about unfair media coverage. On 14 November
2003 the Moscow Deputy City Prosecutor wrote back informing
Mr Zyuganov that the management of the leading nationwide television
channel had been reprimanded on account of irregularities committed in the
course of publication of the results of the public opinion poll.
29. On 17 November 2003 the seventh applicant lodged a further
complaint with the CEC. He relied on the transcripts of programmes
broadcast on the leading nationwide television channels between 3 October
and 9 November 2003. In response, on 28 November 2003 a CEC member
advised the seventh applicant in writing to lodge a claim on grounds of
defamation if he so wished. On 1 December 2003 the seventh applicant
lodged complaints with the Supreme Court against that letter and the failure
of the CEC to take action regarding his complaint of 17 November 2003.
Those complaints were ruled inadmissible on 3 and 2 December 2003
respectively. The Supreme Court declined jurisdiction to examine the merits
of those complaints.
30. On 25 November 2003 Mr Zyuganov and the seventh applicant
again complained to the Working Group about biased media coverage.
Having examined transcripts of TV programmes, the Working Group issued
on the next day a report in which it noted that the situation had slightly
improved since October 2003. After having received the report by the
Working Group, the CEC sent a letter to the Ministry of Mass Media. In
that letter the CEC noted that the facts revealed by the Working Group did
not require any action by way of administrative proceedings; however, the