8 COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT “Channel One displayed a tendency towards deliberate and systematic dissemination of neutral or positive information about the events related to the activities of United Russia, while providing mainly negative coverage or news items accompanied by negative comments - of the activities of the Communist Party”. The Working Group called on Channel One and VGTRK to comply with the provisions of the Duma Elections Act, in particular the principle of fair and impartial coverage of the electoral campaign. It also indicated that violations of the election coverage rules established by the Duma Elections Act were punishable under Article 5 § 5 of the Code of Administrative Offences. 27. On 6 November 2003 the CEC sent a letter to Channel One, VGTRK, Ren TV and TV Centre indicating that some of the material broadcast on Channel One and VGTRK displayed a tendency towards dissemination of predominantly positive or, on the contrary, predominantly negative information about the activities of “certain political parties and electoral blocs” standing for election to the Duma, and indicated that the directors of the State broadcasting companies must comply with the provisions of the Duma Elections Act governing election coverage, as interpreted by the Constitutional Court. 28. On an unspecified date Mr Zyuganov complained to the Moscow City Prosecutor’s Office about unfair media coverage. On 14 November 2003 the Moscow Deputy City Prosecutor wrote back informing Mr Zyuganov that the management of the leading nationwide television channel had been reprimanded on account of irregularities committed in the course of publication of the results of the public opinion poll. 29. On 17 November 2003 the seventh applicant lodged a further complaint with the CEC. He relied on the transcripts of programmes broadcast on the leading nationwide television channels between 3 October and 9 November 2003. In response, on 28 November 2003 a CEC member advised the seventh applicant in writing to lodge a claim on grounds of defamation if he so wished. On 1 December 2003 the seventh applicant lodged complaints with the Supreme Court against that letter and the failure of the CEC to take action regarding his complaint of 17 November 2003. Those complaints were ruled inadmissible on 3 and 2 December 2003 respectively. The Supreme Court declined jurisdiction to examine the merits of those complaints. 30. On 25 November 2003 Mr Zyuganov and the seventh applicant again complained to the Working Group about biased media coverage. Having examined transcripts of TV programmes, the Working Group issued on the next day a report in which it noted that the situation had slightly improved since October 2003. After having received the report by the Working Group, the CEC sent a letter to the Ministry of Mass Media. In that letter the CEC noted that the facts revealed by the Working Group did not require any action by way of administrative proceedings; however, the

Select target paragraph3