46 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).

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