ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
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determine the exact intention behind an utterance. Thus, exclusion of value
judgments from the notion of “information”, their arbitrary classification as
“campaigning”, and the removal from ordinary citizens of the opportunity to
express their attitude toward a candidate and his or her policy choices
significantly impinged upon the constitutional rights set out in Article 29 of
the Constitution.
III. COUNCIL OF EUROPE AND OTHER DOCUMENTS
A. Council of Europe Committee of Ministers
52. Recommendation No. R (99)15 of the Committee of Ministers to
Member States on Measures concerning media coverage of election
campaigns:
“Appendix to Recommendation No. R (99)15
Scope of the Recommendation
The principles of fairness, balance and impartiality in the coverage of election
campaigns by the media should apply to all types of political elections taking place in
member States, that is, presidential, legislative, regional and, where practicable, local
elections and political referenda.
These principles should also apply, where relevant, to media reporting on elections
taking place abroad, especially when these media address citizens of the country
where the election is taking place.
I. Measures concerning the print media
1. Freedom of the press
Regulatory frameworks on media coverage of elections should not interfere with the
editorial independence of newspapers or magazines nor with their right to express any
political preference.
...
II. Measures concerning the broadcast media
1. General framework
During electoral campaigns, regulatory frameworks should encourage and facilitate
the pluralistic expression of opinions via the broadcast media.
With due respect for the editorial independence of broadcasters, regulatory
frameworks should also provide for the obligation to cover electoral campaigns in a
fair, balanced and impartial manner in the overall programme services of
broadcasters. Such an obligation should apply to both public service broadcasters as
well as private broadcasters in their relevant transmission areas.
In member States where the notion of "pre-electoral time" is defined under domestic
legislation, the rules on fair, balanced, and impartial coverage of electoral campaigns
by the broadcast media should also apply to this period.
...