34
COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
119. Furthermore, and most importantly, the Supreme Court’s findings
did not support the applicants’ allegation of a manipulation of the media by
the government, which was their central proposition. The Supreme Court
found that the journalists covering elections or political events had been
independent in choosing the events and persons to report on, that it had been
their right to inform the public about events involving political figures, and
that they had not had the intent of campaigning in favour of the ruling party
(see paragraph 35 above).
120. The Court notes that, indeed, the applicants did not adduce any
direct proof of abuse by the Government of their dominant position in the
capital or management of the TV companies concerned. Unlike in the case
of Manole and Others v. Romania (no. 13936/02, §§ 104 et seq., ECHR
2009-... (extracts)), the TV journalists in the present case did not complain
of undue pressure by the Government or their superiors during the elections.
The Court reiterates that the weight to be given to an item of information “is
a matter to be assessed, in principle, by the responsible journalists” (see
Jörg Haider v. Austria, no. 25060/94, Commission decision of 18 October
1995, DR 83, p. 66), and that the journalists and news editors enjoyed,
under Article 10 of the Convention, a wide discretion on how to comment
on political matters. The applicants did not sufficiently explain how it was
possible, on the basis of the evidence and information available and in the
absence of complaints of undue pressure by the journalists themselves, to
distinguish between Government-induced propaganda and genuine political
journalism and/or routine reporting on the activities of State officials (see,
by contrast, Saliyev v. Russia, no. 35016/03, § 68, 21 October 2010).
121. The other conclusions of the domestic courts do not appear
“arbitrary or manifestly unreasonable” either. Thus, although the applicants
disagreed with how the Supreme Court had construed the then President
Putin’s public statement on the election day (see paragraph 19 above), the
Court admits that the reading proposed by the Supreme Court was not
irrational, even though, given the then existing political context, Mr Putin’s
words could have been interpreted differently.
122. The Court emphasises once again that it has only a subsidiary role
in such matters and it is not its task to substitute itself for the domestic
courts and conduct a fresh assessment of evidence. The applicants failed to
convince the Supreme Court that the opposition was a victim to a political
manipulation. Having reviewed the materials submitted by the parties the
Court does not have sufficient evidence to discard the Supreme Court’s
conclusion in this part. It follows that the applicants’ allegations of abuse by
the Government were not sufficiently proven.
iii. Alleged failure by the State to comply with its positive obligations
123. The Court’s analysis does not stop here, however. “In the context
of Article 3 of Protocol No. 1, the primary obligation is not one of