ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT 15 circumstances” so that “usually” restrictions on freedom of expression “would not be acceptable”. In the absence of any pressing social need during a pre-election period, varied opinions and information, including information containing preference for a candidate, should be allowed to circulate freely. The requirements of objectivity and truthfulness apply, so that the relevant information will guide voters, irrespective of the preference expressed within the text of the information. (b) Other decisions 50. In 2013 the Constitutional Court examined an application concerning the provisions contained after 2005 in section 48 § 2.1 of the Electoral Rights Act. It issued an inadmissibility decision, no. 512-O dated 23 April 2013. The Court stated as follows: As stated in the ruling of 30 October 2003, it was necessary to distinguish between campaigning and information, because without such a distinction there would be adverse consequences for the mass media, in that the constitutional guarantees of freedom of expression and information would be unlawfully restricted; it would also violate the principle of free and open elections. The primary criterion for distinguishing between campaigning and information had to be the presence of a particular campaigning aim, namely to incline voters in one direction, to secure either support for or opposition to a specific candidate or electoral bloc. The Constitutional Court also found, in its 2003 ruling on the provisions of the Electoral Rights Act concerning the procedure for giving information, that news bulletins and printed publications must confine their information about pre-election events to one separate information note, without comment and without giving preference to any one or electoral bloc. The Constitutional Court held in the ruling that the above provisions should not be interpreted as banning the mass media from expressing opinions or from commenting outside the scope of the information note. Thus, assessing the impugned legislative provision within the scope of the current regulatory framework and the above-mentioned statements of principle by the Constitutional Court, and taking into account the special role of the mass media in the electoral process, the impugned provision could not be perceived as giving preference to the mass media over other participants in the electoral process. Thus, the impugned provision did not violate the applicant organisation’s rights in the relevant aspect. 51. By ruling no. 7-P of 16 June 2006 the Constitutional Court examined various provisions of the Electoral Rights Act, including its sections 48 § 5 and 52 § 6, in so far as it allegedly prevented citizens (who were not themselves candidates or representatives of candidates or electoral groups) from engaging in “election campaigning” for or against a candidate or a list of candidates, and thereby incurring expenses outwith election funds. The Constitutional Court held as follows:

Select target paragraph3