ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
15
circumstances” so that “usually” restrictions on freedom of expression
“would not be acceptable”. In the absence of any pressing social need
during a pre-election period, varied opinions and information, including
information containing preference for a candidate, should be allowed to
circulate freely. The requirements of objectivity and truthfulness apply, so
that the relevant information will guide voters, irrespective of the preference
expressed within the text of the information.
(b) Other decisions
50. In 2013 the Constitutional Court examined an application concerning
the provisions contained after 2005 in section 48 § 2.1 of the Electoral
Rights Act. It issued an inadmissibility decision, no. 512-O dated 23 April
2013. The Court stated as follows:
As stated in the ruling of 30 October 2003, it was necessary to
distinguish between campaigning and information, because without such a
distinction there would be adverse consequences for the mass media, in that
the constitutional guarantees of freedom of expression and information
would be unlawfully restricted; it would also violate the principle of free
and open elections. The primary criterion for distinguishing between
campaigning and information had to be the presence of a particular
campaigning aim, namely to incline voters in one direction, to secure either
support for or opposition to a specific candidate or electoral bloc.
The Constitutional Court also found, in its 2003 ruling on the provisions
of the Electoral Rights Act concerning the procedure for giving information,
that news bulletins and printed publications must confine their information
about pre-election events to one separate information note, without
comment and without giving preference to any one or electoral bloc. The
Constitutional Court held in the ruling that the above provisions should not
be interpreted as banning the mass media from expressing opinions or from
commenting outside the scope of the information note.
Thus, assessing the impugned legislative provision within the scope of
the current regulatory framework and the above-mentioned statements of
principle by the Constitutional Court, and taking into account the special
role of the mass media in the electoral process, the impugned provision
could not be perceived as giving preference to the mass media over other
participants in the electoral process. Thus, the impugned provision did not
violate the applicant organisation’s rights in the relevant aspect.
51. By ruling no. 7-P of 16 June 2006 the Constitutional Court examined
various provisions of the Electoral Rights Act, including its sections 48 § 5
and 52 § 6, in so far as it allegedly prevented citizens (who were not
themselves candidates or representatives of candidates or electoral groups)
from engaging in “election campaigning” for or against a candidate or a list
of candidates, and thereby incurring expenses outwith election funds. The
Constitutional Court held as follows: