12 ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT regulation, the representatives of the mass media outlets must take ethical and balanced stances and cover election campaigns in a fair, balanced and impartial manner. Distinguishing between two elements of information support for elections (namely “information” and “campaigning”) the Electoral Rights Act is intended to exclude representatives of mass media outlets from “campaigning” activities. This distinction is aimed at securing open elections and at ensuring the process of formation (формирование) of the free expression of the citizens’ choice. Unlike “information”, “campaigning” is not subject to the requirement of objectivity. - Limitation on the freedom to express opinion aims at protecting the right to free elections, which is one of the foundations of the constitutional regime, including the process of formation of the citizens’ free expression of their choice. - Restrictions or limitations on the freedom of mass information must be necessary and proportionate to the constitutionally recognised aims. Where constitutional rules allow such restrictions, the regulation should not impinge upon the very essence of the right or freedom being restricted, and should not empty it of its real content; the State should not use excessive measures; the regulatory legislation should be clear and precise, without room for extensive interpretation of the allowable restrictions and arbitrary application. - All the above corresponds to the case-law of the European Court of Human Rights in relation to the scope of the freedom of expression and right to information in the context of elections (Bowman v. the United Kingdom, 19 February 1998, Reports of Judgments and Decisions 1998-I). - Both “campaigning” and “information” may induce the electorate to vote in favour of one choice or another. The only criterion for distinguishing between them is the presence of a special goal inherent in “campaigning”, that is to induce voters to vote in one specific direction and to provide support, whether that is for or against a candidate. If this were not so the line between “information” and “campaigning” would be blurred to the extent that all information disseminated in this period would be classified as “campaigning”. In view of the prohibition on mass media outlets’ “campaigning”, this would entail unlawful restrictions on freedom of expression and freedom of information, while also breaching the principles of free and open elections. - As such, the expression of a positive or negative opinion about a candidate does not amount to “campaigning”, and thus cannot entail administrative offence liability on the part of the mass media outlet. A special purpose consisting in the support or opposition to a specific candidate is necessary. “Expression of preference” is a manner of expressing an opinion. Thus, expression of a preference by a