THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
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the course of the electoral campaign and “electoral campaigning” (or
“agitation”, agitatsiya).
42. “Electoral campaigning” was an activity undertaken with the aim of
encouraging voters to vote for or against a certain candidate. Electoral
campaigning on television was permissible as from the twenty-eighth day
before election day and was to be ceased on the eve of election day.
43. Holders of certain higher public offices (including that of the
President of the Russian Federation) and journalists were not allowed to
engage in electoral campaigning unless they were formally registered as
candidates. In any event it was illegal for them to do so while using the
advantages of their official status on pain of administrative fines. The
maximum amounts of expenditure were prescribed by law. The fact that an
item of information - an article, a video clip and so on - was political
campaigning was to be mentioned in the publication, and the source of
funding should be indicated.
44. The law enumerated situations which could be characterised as
campaigning. They included, inter alia, dissemination of materials in which
information about a particular candidate is prevalent and accompanied by
positive or negative comments, analysis of the consequences of electing this
or that candidate, information about activities of a candidate which were not
related to the performance of his official duties, and so on. The law also
established a number of requirements of and limitations on the
campaigning.
45. The law at the time provided that all candidates and parties had an
equal opportunity to obtain a certain amount of free and paid airtime or
printed space for their electoral campaigning. The conditions for obtaining
airtime were identical for all candidates, and concerned both public and
private mass media. Political parties registered at the federal level had a
right of equal access to the national mass media, including State TV and
radio-broadcasting stations. Individual candidates (affiliated or not to a
political party) had similar rights in respect of access to the regional mass
media.
46. “Electoral campaigning” was distinguished in the law from
“informing”. Informing was mainly the task of the “State authorities,
municipal authorities, electoral commissions, media companies, legal
entities and individuals” (section 54(1) of the Duma Elections Act, section
45(1) of the Basic Guarantees Act). It had to be objective, factually accurate
and should not show preference for any candidate. Informing should consist
of giving a neutral account of the progress of the electoral campaign, of the
candidates’ profiles, platforms and so on, within the “information slots”
(airtime or printed space dedicated to informing). Those “information slots”
should not be aligned with the position of any candidate and should not
contain comments or value judgments. The mass media had to separate
objective information from statements of opinion. At the same time the