ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT 11 for the organisation and running of elections, and ensure the exercise of electoral rights by the citizens (section 18 of the State Duma Deputies Election Act). Regional and local mass media outlets are required to inform a regional electoral committee about their intention to publish campaigning material submitted by political parties and about the related fees and other relevant conditions (section 57 § 11). (b) Penalties for breaching the regulations 42. Article 5.5 § 1 of the Federal Code of Administrative Offences was entitled “Violation of the procedure for participation of the mass media in the information support of the elections or referenda”. This Article punished violations of the procedure for publishing materials (including campaigning material) that were related to an electoral campaign and elections. It concerned chief editors of the mass media or its editorial board, legal entities dealing with broadcasting, as well as “other organisations that disseminate material for mass consumption”. 3. Constitutional Court of Russia (a) Ruling of 30 October 2003 43. In 2003 the Constitutional Court of Russia examined several individual applications and an application from a group of members of the State Duma. On 30 October 2003 the Constitutional Court issued ruling no. 15-P concerning sections 45 § 5 and 48 § 2 and § 7 of the Electoral Rights Act (see paragraph 37 above). The ruling was published in October and November 2003 in several official bulletins and journals. (i) The judgment 44. The Constitutional Court found as follows: - In order to secure free elections the federal legislator is empowered to set in place procedures and conditions for information support (информационное обеспечение) for the elections. Free elections also require protection of the right to information and the freedom to express opinions. Therefore, the legislator must protect citizens’ rights to receive and disseminate information about elections, while striking a balance between two constitutional values, namely the right to free elections and freedom of information and expression, avoiding inequality and disproportionate restrictions. - Mass media outlets carry out a social function consisting in information support for elections, and should accompany the free expression of the citizens’ choice and transparent elections. The exercise of the freedom of mass information is accompanied by particular duties and a particular responsibility on the part of mass media outlets. Thus, while acting on the basis of editorial independence and the rules of self-

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