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ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT - SEPARATE OPINION
DISSENTING OPINION OF JUDGE DEDOV
I completely agree with the analysis provided in the judgment and
accepted by the majority, but, unfortunately, I cannot find any reasons to
vote for a violation of Article 10 of the Convention in the present case. The
fact is that the impugned articles disseminated information damaging to
personal reputation, good name and dignity without a reliable factual
background. In the context of the freedom of expression, the judgment,
therefore, is based on the distinction between the defamation and the
distortion of the competition among candidates during the electoral process
(see § 132 of the judgment). On the contrary, I believe that there are key
elements (respect of dignity and ethics of responsible journalism) applicable
to both situations.
According to the international material presented in the judgement, there
are general principles governing the role of the press during the elections. It
is confirmed that the open debate of ideas is vital in a democratic system,
freedom of press is vital to express opinions on candidate’s programmes and
to criticise public powers (Venice Commission, see § 54 of the judgment);
there is an obligation on mass media coverage of electoral campaigns that is
fair, balanced and impartial (Committee of Ministers, see § 52 of the
judgment); it is incumbent on the press to impart information and ideas on
subjects of public interest (see § 107 of the judgment).
Indeed, the majority recognised that it remains the case that “both during
and outwith an election period, the print media’s activity is subject to the
requirement to act in good faith in order to provide accurate and reliable
information in accordance with the ethics of journalism” (see § 131 of the
judgment). It means that the responsible journalism is subject to certain
boundaries and self-restraints (which also apply to all the other branches of
power), and during the elections the media should be even more cautious
because of the special role they play in society.
The legitimate aim is very important in order to understand this point.
The voters expect to receive the impartial and comprehensive information
necessary to make their decision in favour of a political party or a candidate.
The information includes, in particular, the programmes, views and actions
of political parties and candidates standing for election. The press should
not confine itself to imparting such information in its efforts to organise an
open debate on public issues which are vital for the social progress and
further development of society.
Public debate, as a part of the decision-making process, is a cornerstone
of any democratic society. Public debate enables ordinary people to
participate in the political process. It is not destructive for the election
(decision-making) process, provided the discussion and analysis of
programmes and views lead to a better understanding of the political actions
which the voters could accept as necessary and preferable. To achieve this