ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT 17 determine the exact intention behind an utterance. Thus, exclusion of value judgments from the notion of “information”, their arbitrary classification as “campaigning”, and the removal from ordinary citizens of the opportunity to express their attitude toward a candidate and his or her policy choices significantly impinged upon the constitutional rights set out in Article 29 of the Constitution. III. COUNCIL OF EUROPE AND OTHER DOCUMENTS A. Council of Europe Committee of Ministers 52. Recommendation No. R (99)15 of the Committee of Ministers to Member States on Measures concerning media coverage of election campaigns: “Appendix to Recommendation No. R (99)15 Scope of the Recommendation The principles of fairness, balance and impartiality in the coverage of election campaigns by the media should apply to all types of political elections taking place in member States, that is, presidential, legislative, regional and, where practicable, local elections and political referenda. These principles should also apply, where relevant, to media reporting on elections taking place abroad, especially when these media address citizens of the country where the election is taking place. I. Measures concerning the print media 1. Freedom of the press Regulatory frameworks on media coverage of elections should not interfere with the editorial independence of newspapers or magazines nor with their right to express any political preference. ... II. Measures concerning the broadcast media 1. General framework During electoral campaigns, regulatory frameworks should encourage and facilitate the pluralistic expression of opinions via the broadcast media. With due respect for the editorial independence of broadcasters, regulatory frameworks should also provide for the obligation to cover electoral campaigns in a fair, balanced and impartial manner in the overall programme services of broadcasters. Such an obligation should apply to both public service broadcasters as well as private broadcasters in their relevant transmission areas. In member States where the notion of "pre-electoral time" is defined under domestic legislation, the rules on fair, balanced, and impartial coverage of electoral campaigns by the broadcast media should also apply to this period. ...

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