40 ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT conferred a very wide discretion on the public authorities that were to interpret and apply it. 129. Foremost, it has not been convincingly demonstrated, and the Court does not find sufficient basis for upholding the Government’s argument, that the print media should be subjected to rigorous requirements of impartiality, neutrality and equality of treatment during an election period (see the findings of the Venice Commission and the Council of Europe Committee of Ministers in paragraphs 52-54 above). 130. In the Court’s opinion, at election time the press assists the “free expression of the opinion of the people in the choice of the legislature”. The “public watchdog” role of the press is no less pertinent at election time (see the cases cited in paragraphs 107-108 and 110 above). This role is not limited to using the press as a medium of communication, for instance by way of political advertising, but also encompasses an independent exercise of freedom of the press by mass media outlets such as newspapers on the basis of free editorial choice aimed at imparting information and ideas on subjects of public interest. In particular, discussion of the candidates and their programmes contributes to the public’s right to receive information and strengthens voters’ ability to make informed choices between candidates for office (ibid.). 131. Having said this, it remains the case that both during and outwith an election period, the print media’s activity is subject to the requirement to act in good faith in order to provide accurate and reliable information in accordance with the ethics of journalism (see the cases cited in paragraph 109 above) and considerations relating to certain boundaries, particularly as regards the reputation and rights of others and the need to prevent the disclosure of confidential information. In this connection, the assessment of impugned publications should, as it is for instance in defamation cases, be subject to the traditional criteria under Article 10 of the Convention, including the distinction to be drawn between statements of fact and value judgments (see, as a recent authority, Morice v. France [GC], no. 29369/10, § 126, 23 April 2015). 132. Unfavourable publications before election day (several weeks before it, as in the present case), indeed, could be damaging to one’s reputation. However, this was not the stated concern of the impugned legislation (see also paragraph 104 above concerning the “legitimate aim” pursued). The focus of the domestic legislation was not on the falsity or truth of the content or its defamatory nature, but on the presence of the special goal pursued. Besides, any damage caused to reputation could be addressed, possibly before election day, by way of other appropriate procedures (see also Chemodurov, cited above, § 20). 133. In the Court’s view, the applicable regulatory framework excessively and without compelling justification reduced the scope for press expression by restricting the number of participants and impinging upon the

Select target paragraph3