ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
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for the organisation and running of elections, and ensure the exercise of
electoral rights by the citizens (section 18 of the State Duma Deputies
Election Act). Regional and local mass media outlets are required to inform
a regional electoral committee about their intention to publish campaigning
material submitted by political parties and about the related fees and other
relevant conditions (section 57 § 11).
(b) Penalties for breaching the regulations
42. Article 5.5 § 1 of the Federal Code of Administrative Offences was
entitled “Violation of the procedure for participation of the mass media in
the information support of the elections or referenda”. This Article punished
violations of the procedure for publishing materials (including campaigning
material) that were related to an electoral campaign and elections. It
concerned chief editors of the mass media or its editorial board, legal
entities dealing with broadcasting, as well as “other organisations that
disseminate material for mass consumption”.
3. Constitutional Court of Russia
(a) Ruling of 30 October 2003
43. In 2003 the Constitutional Court of Russia examined several
individual applications and an application from a group of members of the
State Duma. On 30 October 2003 the Constitutional Court issued ruling
no. 15-P concerning sections 45 § 5 and 48 § 2 and § 7 of the Electoral
Rights Act (see paragraph 37 above). The ruling was published in October
and November 2003 in several official bulletins and journals.
(i) The judgment
44. The Constitutional Court found as follows:
- In order to secure free elections the federal legislator is empowered to
set in place procedures and conditions for information support
(информационное обеспечение) for the elections. Free elections also
require protection of the right to information and the freedom to express
opinions. Therefore, the legislator must protect citizens’ rights to receive
and disseminate information about elections, while striking a balance
between two constitutional values, namely the right to free elections and
freedom of information and expression, avoiding inequality and
disproportionate restrictions.
- Mass media outlets carry out a social function consisting in
information support for elections, and should accompany the free
expression of the citizens’ choice and transparent elections. The exercise
of the freedom of mass information is accompanied by particular duties
and a particular responsibility on the part of mass media outlets. Thus,
while acting on the basis of editorial independence and the rules of self-