ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT 21 2012) and by the Venice Commission at its 90th Plenary Session (Venice, 16-17 March 2012): “84. As Paragraph II.1 of the Code of Good Practice in Electoral Matters states, “democratic elections are not possible without respect for human rights, in particular freedom of expression and of the press”. An open debate of ideas is vital in a democratic system, especially in an election period. Actually, freedom of the press is more vital in campaigning than in any other moment of political life, since it permits to express opinions on candidate programs and to criticize public powers. Voters cannot form their will properly without free debate of ideas, not only between candidates, but also by journalists and citizens in the media. 85. As established by the case-law of the European Court of Human Rights, restrictions of these freedoms must have a basis in law, be in the public interest and comply with the principle of proportionality. According to this principle, fewer restrictions may be admitted concerning private media than public media. 86. However, there are a number of limitations on media that can restrict freedom of speech disproportionately. For example, Article 51.4 imposes neutrality on public or private media and prohibits any comments or information given on election campaigning events. Article 55.2 defines as election campaign any action performed by members of the press if their professional actions are repeatedly performed to encourage voters to vote for or against some federal list of candidates. 87. It is true that the restrictions cited above are in the public interest, since their aim is to guarantee equality. However, these limitations put the proportionality principle at risk because the damages caused to freedom of expression are heavier than the benefits generated to equality. It must be added that similar ends could be reached with less dangerous means for the freedom of the press. ... 90. Article 55.7 prohibits campaigning by a number of categories of people. If such restrictions may favour neutrality of the state when applied to public officials, they do not appear as justified concerning members of the press (Article 55.7.8) ...” 2. Code of Good Practice 55. Opinion no. 190/2002, Code of Good Practice in Electoral Matters: Guidelines and Explanatory Report, adopted by the Venice Commission at its 52nd session (Venice, 18-19 October 2002): “2.3. Equality of opportunity a. Equality of opportunity must be guaranteed for parties and candidates alike. This entails a neutral attitude by state authorities, in particular with regard to: i. the election campaign; ii. coverage by the media, in particular by the publicly owned media; iii. public funding of parties and campaigns. ... 3.1. Freedom of voters to form an opinion a. State authorities must observe their duty of neutrality. In particular, this concerns: