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ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
i. media;
ii. billposting;
iii. the right to demonstrate;
iv. funding of parties and candidates.
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Explanatory report
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2.3 Equality of opportunity
18. Equality of opportunity should be ensured between parties and candidates and
should prompt the state to be impartial towards them and to apply the same law
uniformly to all. In particular, the neutrality requirement applies to the electoral
campaign and coverage by the media, especially the publicly owned media, as well as
to public funding of parties and campaigns. This means that there are two possible
interpretations of equality: either “strict” equality or “proportional” equality. “Strict”
equality means that the political parties are treated without regard to their present
strength in parliament or among the electorate. It must apply to the use of public
facilities for electioneering purposes (for example bill posting, postal services and
similar, public demonstrations, public meeting rooms). “Proportional” equality
implies that the treatment of political parties is in proportion to the number of votes.
Equality of opportunity (strict and/or proportional) applies in particular to radio and
television airtime, public funds and other forms of backing. Certain forms of backing
may on the one hand be submitted to strict equality and on the other hand to
proportional equality.”
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
56. The applicant organisation complained under Article 10 of the
Convention about the classification of the material it published as “election
campaigning” and the fine imposed in the administrative offence case for
failure to indicate who had commissioned the publication of this material.
57. Article 10 of the Convention reads, in the relevant parts, as follows:
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers ...
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society ...”