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COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
Administration responsible for internal policy, had proclaimed that the
Presidential Administration was supporting United Russia.
104. The applicants further argued that Article 3 of Protocol No. 1
implicitly imposed on the Government an obligation to adopt positive
measures to ensure the “free expression of the opinion of the people”
through equal coverage. They claimed that in certain circumstances it may
be considered necessary during an election period to place certain
restrictions on freedom of expression, in order to secure the “free expression
of the opinion of the people in the choice of the legislature.”
105. The applicants claimed that their complaint raised the issue of
unbalanced coverage (“informing” in domestic terms) in the first instance,
not campaigning. The Government claimed that biased informing had been
counterbalanced by electoral campaigning, but failed to adduce any specific
facts concerning the distribution of airtime amongst the candidates or to
explain how the campaigning could possibly replace normal coverage.
106. Domestic law on media coverage of elections also lacked clarity.
Although it enshrined the principle of equal reporting on all candidates, that
principle was phrased in insufficiently specific terms with no indication of
what type of equality was meant. That principle had become subject to
arbitrary interpretation by the authorities. Thus, the federal list of candidates
submitted by the United Russia party included at least 37 candidates who
were heads of different federal executive authorities and regional governors.
The activities of those candidates had been covered by the State media
pursuant to the requirements of the above Act. Although the news items in
question did not formally amount to electoral campaigning, they reported,
and, as a rule, reported positively, on the activities of the officials
concerned. Neither federal nor local laws had ever established any special
procedure for covering the activities of officials during the electoral
campaign, including the activities of those officials who were standing for
election. Nor did they provide any guarantees of protection against misuse
of administrative resources or protection against discrimination.
(c) The Court’s assessment
i. Media coverage of elections under Article 3 of Protocol No. 1: general
principles
107. Article 3 of Protocol No. 1 enshrines a fundamental principle of an
effective political democracy. It implies the subjective rights to vote and to
stand for election (see Paksas v. Lithuania [GC], no. 34932/04, § 96,
6 January 2011). This provision also expressly refers to “conditions which
will ensure the free expression of the opinion of the people in the choice of
the legislature”. In the 1987 case of Mathieu-Mohin and Clerfayt v. Belgium
(judgment of 2 March 1987, § 54, Series A no. 113), the Court noted that
this part of Article 3 “implies essentially - apart from freedom of expression