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ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
conferred a very wide discretion on the public authorities that were to
interpret and apply it.
129. Foremost, it has not been convincingly demonstrated, and the Court
does not find sufficient basis for upholding the Government’s argument,
that the print media should be subjected to rigorous requirements of
impartiality, neutrality and equality of treatment during an election period
(see the findings of the Venice Commission and the Council of Europe
Committee of Ministers in paragraphs 52-54 above).
130. In the Court’s opinion, at election time the press assists the “free
expression of the opinion of the people in the choice of the legislature”. The
“public watchdog” role of the press is no less pertinent at election time (see
the cases cited in paragraphs 107-108 and 110 above). This role is not
limited to using the press as a medium of communication, for instance by
way of political advertising, but also encompasses an independent exercise
of freedom of the press by mass media outlets such as newspapers on the
basis of free editorial choice aimed at imparting information and ideas on
subjects of public interest. In particular, discussion of the candidates and
their programmes contributes to the public’s right to receive information
and strengthens voters’ ability to make informed choices between
candidates for office (ibid.).
131. Having said this, 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 the cases cited in paragraph
109 above) and considerations relating to certain boundaries, particularly as
regards the reputation and rights of others and the need to prevent the
disclosure of confidential information. In this connection, the assessment of
impugned publications should, as it is for instance in defamation cases, be
subject to the traditional criteria under Article 10 of the Convention,
including the distinction to be drawn between statements of fact and value
judgments (see, as a recent authority, Morice v. France [GC], no. 29369/10,
§ 126, 23 April 2015).
132. Unfavourable publications before election day (several weeks
before it, as in the present case), indeed, could be damaging to one’s
reputation. However, this was not the stated concern of the impugned
legislation (see also paragraph 104 above concerning the “legitimate aim”
pursued). The focus of the domestic legislation was not on the falsity or
truth of the content or its defamatory nature, but on the presence of the
special goal pursued. Besides, any damage caused to reputation could be
addressed, possibly before election day, by way of other appropriate
procedures (see also Chemodurov, cited above, § 20).
133. In the Court’s view, the applicable regulatory framework
excessively and without compelling justification reduced the scope for press
expression by restricting the number of participants and impinging upon the