44 ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT - SEPARATE OPINION DISSENTING OPINION OF JUDGE DEDOV I completely agree with the analysis provided in the judgment and accepted by the majority, but, unfortunately, I cannot find any reasons to vote for a violation of Article 10 of the Convention in the present case. The fact is that the impugned articles disseminated information damaging to personal reputation, good name and dignity without a reliable factual background. In the context of the freedom of expression, the judgment, therefore, is based on the distinction between the defamation and the distortion of the competition among candidates during the electoral process (see § 132 of the judgment). On the contrary, I believe that there are key elements (respect of dignity and ethics of responsible journalism) applicable to both situations. According to the international material presented in the judgement, there are general principles governing the role of the press during the elections. It is confirmed that the open debate of ideas is vital in a democratic system, freedom of press is vital to express opinions on candidate’s programmes and to criticise public powers (Venice Commission, see § 54 of the judgment); there is an obligation on mass media coverage of electoral campaigns that is fair, balanced and impartial (Committee of Ministers, see § 52 of the judgment); it is incumbent on the press to impart information and ideas on subjects of public interest (see § 107 of the judgment). Indeed, the majority recognised that 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 § 131 of the judgment). It means that the responsible journalism is subject to certain boundaries and self-restraints (which also apply to all the other branches of power), and during the elections the media should be even more cautious because of the special role they play in society. The legitimate aim is very important in order to understand this point. The voters expect to receive the impartial and comprehensive information necessary to make their decision in favour of a political party or a candidate. The information includes, in particular, the programmes, views and actions of political parties and candidates standing for election. The press should not confine itself to imparting such information in its efforts to organise an open debate on public issues which are vital for the social progress and further development of society. Public debate, as a part of the decision-making process, is a cornerstone of any democratic society. Public debate enables ordinary people to participate in the political process. It is not destructive for the election (decision-making) process, provided the discussion and analysis of programmes and views lead to a better understanding of the political actions which the voters could accept as necessary and preferable. To achieve this

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