10 ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT for which the voter will vote, except when it is by way of an opinion poll pursuant to section 46 ... c) description of possible consequences in the event that a specific candidate gets elected or does not get elected ... d) dissemination of information with manifest prevalence of data (сведения) about one candidate, a group of candidates, or an electoral bloc, with positive or negative comment; e) dissemination of information about a candidate’s activity that is not relevant to his professional activity or duties; f) activities participating in the creation of a positive or negative attitude of voters toward a candidate, the electoral bloc of that candidate, or a list of candidates. 2.1. Actions committed by representatives of mass media outlets and actions listed in sub-paragraph 2(a) should be classified as pre-election campaigning if those actions have been taken with the aim of inducing voters to vote for a candidate, a number of candidates, or a list or lists of candidates, or against any of these; the actions listed in sub-paragraphs 2(b)-2(f) should be classified as pre-election campaigning if they have been taken with that intent more than once ... 7. The following are not allowed to carry out pre-election campaigning or to disseminate any campaign material ... (i) representatives of mass media outlets when carrying out their professional duties ...” 38. “Election campaigning” in print and broadcast media begins twenty-eight days before the election and ends the day before election day (section 49 of the Electoral Rights Act). 39. All “campaign” material in the print media had to contain information as to which candidate’s electoral fund paid for the publication; if no fee was indicated, the publication was to indicate who had asked for the publication (section 52 § 6 of the Electoral Rights Act). The obligation to indicate the sponsor was incumbent on the editorial board of the print medium (ibid.). 40. The State Duma Deputies Election Act of 2005 defined “pre-election campaigning” by listing types of situations such as, inter alia, dissemination of information which was predominantly about one political party presenting a list of candidates, a candidate or candidates, in combination with positive or negative comment (section 55 § 1(4) of the Act); activities carried out during an election campaign, contributing to the creation of a positive or negative attitude on the part of voters towards a political party presenting a list of candidates or a candidate or candidates (section 55 § 1(6) of the Act). To fall within the scope of “campaigning”, such activities were to aim at inducing voters to vote for or against a list of candidates or for or against a candidate or candidates from such a list (section 10). 41. The Central Electoral Committee of the Russian Federation, regional electoral committees, local electoral committees within districts, towns or other areas, as well as electoral committees at voting stations are responsible

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