THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
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not permit the genuine will of the voters to be ascertained (sections 75 and
77 of the Basic Guarantees Act).
50. The Code of Administrative Offences (CAO) of 30 December 2001
established sanctions for certain breaches of electoral law, such as the
failure by the mass media to comply with the rules of press coverage of the
electoral campaign (Article 5 § 5 of the Code), or unlawful electoral
campaigning through audio-visual and printed mass media by a candidate
(Article 5 § 8). Article 5 § 11 established sanctions for electoral
campaigning by persons who, by virtue of their position, were precluded
from participating in electoral campaigning. Article 5 § 12 of the Code
established sanctions for the unlawful production and dissemination of
campaigning materials. Offences provided by the above mentioned
provisions of the Code were punishable by fines ranging from 3,000 to
600,000 roubles (RUB), depending on the status of the offender and the
seriousness of the violation.
III. RELEVANT INTERNATIONAL DOCUMENTS
51. The European Commission for Democracy through Law (Venice
Commission), at its 51st (Guidelines) and 52nd (Report) sessions on 5-6 July
and 18-19 October 2002 adopted the “Code of Good Practice in Electoral
Matters”. The Venice Commission distinguished two particular obligations
of the authorities in relation to the media coverage of electoral campaigns:
on the one hand to arrange for the candidates and/or parties to be accorded a
sufficiently balanced amount of airtime and/or advertising space including
on state television channels (“the access to the media obligation”) and on
the other hand to ensure a “neutral attitude” by state authorities, in particular
with regard to the election campaign and coverage by the media, by the
publicly owned media (“the neutrality of attitude obligation”) (Explanatory
Report to the Code of Good Practice on Electoral Matters, § 2.3). The
Venice Commission’s Code of Good Practice in Electoral Matters also
recommended the creation of an effective system of electoral appeals,
among other things, to complain about non-compliance with the rules of
access to the media (§ 3.3).
52. The standards relating to public service broadcasting were further
developed by the Committee of Ministers of the Council of Europe in the
Appendix to Recommendation no. R (96) 10 on “The Guarantee of the
Independence of Public Service Broadcasting” (1996). The Committee of
Ministers recommended that “the legal framework governing public service
broadcasting organisations should clearly stipulate their editorial
independence and institutional autonomy”. Furthermore, “the legal
framework governing public service broadcasting organisations should
clearly stipulate that they shall ensure that news programmes fairly present
facts and events and encourage the free formation of opinions. The cases in