4
ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
touched upon the story of Ms Ch., a former forest inspector who was
dismissed from her job as a result of a reorganisation of the forestry
authority. Forty-two other workers of the forest authority also lost their jobs.
The article alleged that the reform of the forest authorities was initiated by
Governor Stroyev in breach of federal legislation. It suggested that the
reform was driven by the need to facilitate industrial tree-cutting. Ms Ch.
sued the regional authorities, and at the relevant time the proceedings were
pending. However, in the opinion of the journalist, there was little hope for
impartiality on the part of the regional courts. The article then turned to the
case of Ms G., who had made statements critical of the governor during a
public rally and had been prosecuted for slander. The article then analysed
recent public statements of the governor, who had criticised the policy lines
of former President Yeltsin, whereas he himself during that period had been
Chairman of the Federation Council, and therefore the second most
important statesman in the country. According to the journalist, the
proceedings in the case of Mr G. were adjourned, probably because
Governor Stroyev wanted to avoid a scandal before the date of elections.
The article closed with the suggestion that President Putin should not have
associated himself such controversial figures as Governor Stroyev.
11. On 17 November 2007 the Working Group on Informational
Disputes of the regional Electoral Committee examined both articles. The
Working Group concluded that the articles contained elements of electoral
campaigning (агитация). The Working Group concluded as follows:
The publications contained “negative, purposeful, systematically
published information about a member of the High Political Council of the
United Russia political party ... Mr E. Stroyev. The above-mentioned
publications have created a negative attitude on the part of the voters
towards ... United Russia. Although the text of the articles does not call for
people to vote for or against United Russia, all the electorate understand that
this is in fact counter-campaigning [against Mr Stroyev]”. The publications
“did not correspond to the current information policy of the organisations
editing mass media”, which (the policy) was “aimed at informing the voters
about the development of the electoral campaign ... [and] about the political
parties participating in it”. Those articles, in the opinion of the Electoral
Committee, fell “outside the information space created by the political
parties during the ongoing electoral campaign”. The publication of those
articles was not paid for from the official campaign fund of any party
participating in the campaign, contrary to section 52 § 6 of the Electoral
Rights Act of 2002.
12. Consequently, in the opinion of the Electoral Committee, publication
of those articles amounted to a breach of electoral law punishable by a fine
in accordance with Article 5.5 of the Federal Code of Administrative
Offences (CAO).