ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
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110. The Court also reiterates that the rights guaranteed by Article 3 of
Protocol No. 1 are crucial to establishing and maintaining the foundations of
an effective and meaningful democracy governed by the rule of law (see
Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, § 58, ECHR
2005-IX). Free elections and freedom of expression, particularly freedom of
political debate, together form the bedrock of any democratic system (see
Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987, § 47, Series A
no. 113, and the Lingens v. Austria judgment of 8 July 1986, Series A
no. 103, §§ 41–42). The two rights are inter-related and operate to reinforce
each other: for example, freedom of expression is one of the “conditions”
necessary to “ensure the free expression of the opinion of the people in the
choice of the legislature” (see Mathieu-Mohin and Clerfayt, cited above,
§ 54). For this reason, it is particularly important in the period preceding an
election that opinions and information of all kinds are permitted to circulate
freely. In the context of election debates, the unhindered exercise of
freedom of speech by candidates has particular significance (see
Kudeshkina v. Russia, no. 29492/05, § 87, 26 February 2009).
111. In certain circumstances the rights under Article 10 of the
Convention and Article 3 of Protocol No. 1 may come into conflict and it
may be considered necessary, in the period preceding or during an election,
to place certain restrictions, of a type which would not usually be
acceptable, on freedom of expression, in order to secure the “free expression
of the opinion of the people in the choice of the legislature”. In
Mathieu-Mohin and Clerfayt, cited above, §§ 52 and 54, the Court
recognised that the Contracting States have a wide margin of appreciation
with regard to their electoral systems. Referring to this, in Bowman (cited
above, § 43) the Court stated that, in striking the balance between the rights
under Article 10 of the Convention and Article 3 of Protocol No. 1, the
Contracting States have a margin of appreciation, as they do generally with
regard to their electoral systems. More recently, in a case concerning
advertisement of a political nature, the Court stated that the political nature
of the advertisements that were prohibited called for strict scrutiny and a
correspondingly circumscribed national margin of appreciation with regard
to the need for the restrictions. The Court did not find it appropriate in that
case to attach much weight to the various justifications for allowing States a
wide margin of appreciation with reference to Article 3 of Protocol No. 1 to
the Convention. Otherwise, the application of this provision would be left to
the discretion of the Contracting States to a degree that might lead to results
incompatible with the privileged position of free political speech under
Article 10 of the Convention (see TV Vest AS and Rogaland Pensjonistparti,
cited above, §§ 64 and 66).
112. Lastly, the Court reiterates that it is not for it to express a view on
the appropriateness of the methods chosen by the legislature of a respondent
State to regulate a given field. Its task is confined to determining whether