30
ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
free to express a political preference and criticise policies. State regulation
of the broadcast media is implemented through legislative acts, including
certain electoral laws.
93. While the broadcast media are generally required to be objective in
their reporting at election time, the print media are under no such
requirement, being free to express a political allegiance.
2. The Court’s assessment
(a) Existence of an interference and its scope
94. The Court notes that the applicant organisation was fined for
committing the administrative offence that was defined as a violation of the
“procedure” applicable to media work during one part of an election period,
namely during the month preceding election day (see paragraph 38 above).
This violation concerned the failure to indicate the name of the political
party or the candidate to the State Duma who had commissioned two
publications in the newspaper, with or without paying a fee. This
requirement became incumbent on the editorial board of the newspaper (the
applicant organisation) as the content of the impugned publications
contained “campaigning material”. The publications were classified as
“campaigning” because they were considered to predominantly contain
information about one candidate in combination with negative comments.
95. It follows that the “interference” in the present case arose from the
classification of the material published by the applicant organisation as
“campaigning material”; this was the main element underlying the
imposition of the fine. Therefore, the present case relates to the domestic
distinction between “information” and “campaigning” in so far as this
distinction affects the activities of the print media such as the applicant
organisation during the “campaigning” period of the elections, and the
statutory requirement for an editorial board to indicate the sponsorship of a
publication with possible administrative offence liability in default.
96. It is uncontested that the applicant organisation’s freedom of
expression guaranteed under Article 10 of the Convention was interfered
with by the domestic courts’ decisions imposing a fine on the applicant
organisation. For its part, the Court considers that there was an
“interference”. Indeed, although the applicant organisation was not the
author of the contested articles, it participated in their dissemination by
publishing and distributing them. The Court reiterates in this respect that
publishers, irrespective of whether they associate themselves with the
content of publications, play a full part in the exercise of freedom of
expression by providing authors with a medium (see Editions Plon
v. France, no. 58148/00, § 22, ECHR 2004-IV; and Andrushko v. Russia,
no. 4260/04, § 42, 14 October 2010). Having regard to the scope of the
“interference” and the arguments before it, the Court considers that the