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ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT - SEPARATE OPINION
the impugned publications were not intended to impart any “information or
ideas” of value to the public debate.
Finally, the circumstances of the present case do not provide the Court
with an opportunity to analyse the quality of the law, including the
restrictions imposed on the press with regard to pre-election campaigning.
In the main argument (see § 132 of the judgment) the majority criticises the
domestic legislation as not pursuing the declared legitimate aim (“the focus
of the domestic legislation was not on the falsity or truth of the content ...
but on the presence of the special goal pursued”). Although the Court
referred to the Russian Constitutional Court’s interpretation of the
legitimate aim (see § 104 of the judgment), the Court did not, in fact, take it
into account. Furthermore, it was incumbent on the Court to accept that the
publications were not fair and objective.
At least the national authorities’ decisions were compatible with the
general requirements of fairness and impartiality of the press. The Electoral
Committee stressed that the impugned articles had not been intended to
inform the voters about the electoral campaign, but concentrated exclusively
on creating a negative image of a candidate and a political party for the
purposes of unduly influencing the public to vote against them (see § 11 of
the judgment).