32
ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
100. It has not been concluded at the domestic level that the “negative
comments” in the impugned publications amounted to an affront to
Mr Stroyev’s dignity, good name or reputation, which would normally be
protected within the scope of an action for defamation. Further, the
Government do not suggest that the interference pursued the aim of
protecting Mr Stroyev’s reputation, and the domestic court decisions
contain no specific assessment of any such comments. Accordingly, as the
aim of the interference in the present case was not to protect Mr Stroyev’s
reputation, the circumstances of the case do not turn on the balancing
exercise between the rights and freedoms under Articles 8 and 10 of the
Convention.
101. At the same time, it is noted that the requirement to indicate the
sponsorship of published “campaigning material” was one of the checks and
balances which make up Russian law in relation to election procedures,
including the regulations relating to mass media work during elections.
102. The present case arises from interference with freedom of
expression, which is protected under Article 10 of the Convention, and not a
complaint brought under Article 3 of Protocol No. 1 to the Convention.
From this perspective, since the circumstances of the case relate to the
parliamentary elections so that the “choice of the legislature” was at stake, it
is appropriate to consider the applicant organisation’s right to freedom of
expression under Article 10 of the Convention in the light of Article 3 of
Protocol No. 1 to the Convention, which provides as follows:
“The High Contracting Parties undertake to hold free elections at reasonable
intervals by secret ballot, under conditions which will ensure the free expression of
the opinion of the people in the choice of the legislature.”
103. In previous cases the Court has considered that the balancing
exercise could take account, under the heading of the “rights of others”, of
the general public interest, for instance relating to absence of distortion of
the electoral process, including fair competition between the candidates (see
also Erdoğan Gökçe v. Turkey, no. 31736/04, § 40, 14 October 2014, and
Animal Defenders International v. the United Kingdom ([GC],
no. 48876/08, §§ 78, 99 and 112, ECHR 2013 (extracts)). It may be
legitimate that certain formalities, restrictions or penalties may be called for
during an election period, for instance to ensure a level playing field, for
example by way of regulating and controlling campaign expenditure. This
might be relevant where certain candidates or parties, because of their
relative financial strength, might have obtained an unfair advantage over
those with less resources by being able to spend more, for instance on
political advertising (see TV Vest AS and Rogaland Pensjonistparti
v. Norway, no. 21132/05, § 72, ECHR 2008 (extracts), and VgT Verein
gegen Tierfabriken v. Switzerland, no. 24699/94, § 75, ECHR 2001-VI).
104. It follows from the constitutional rulings of 30 October 2003 and
16 June 2006 (see paragraphs 44 and 51 above) that the applicable