14 ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT (β) Judge Kononov 47. Judge Kononov also expressed a separate opinion, as follows. While upholding the majority’s restrictive interpretation and application of the “campaigning” regulations, the judge noted that some provisions of the Electoral Rights Act could not but be assessed as absurd and utterly lacking reasonable grounds. All possible and justified restrictions on the freedom of the mass media are listed in section 4 of the Mass Media Act. There is no reason to treat an electoral campaign as an emergency situation that would justify wider limitations on rights and freedoms. Quite to the contrary, the voters’ need to receive and disseminate information, to express opinions, and to know about views held in society are greater during an election campaign. Print, broadcast and other media serve as a necessary means of exercising the right to free choice, without losing their autonomous and independent role in society. Freedom to express opinions should be given a wider possible interpretation. In 1999 the Constitutional Court of Slovakia declared a similar statute unconstitutional, dismissing the argument justifying the restriction in the interest of free competition among political actors. That court held that, democracy not being a form of government instituted exclusively for the sake of political parties, denial of fundamental rights and freedoms for the benefit of parties equals denial of democracy. 48. Judge Kononov concluded that there were no compelling reasons for opposing freedom of expression and freedom of choice, and thus no justification for putting in place special limitations on the mass media during an election period. Before the Constitutional Court the Russian authorities referred to the need to counter “black PR”, or negative paid-for publications, rather than to the need to ensure free choice for voters. One of the Election Commission officials admitted that if there had been an efficient mechanism to supervise payment for publications there would have been no need to create restrictions on the wording of “campaigning” by the mass media. In Judge Kononov’s view, the issue of paid-for publications should have been resolved by other, more appropriate, means, rather than by restricting fundamental freedoms. (γ) Judge Yaroslavtsev 49. In his separate opinion Judge Yaroslavtsev considered that the impugned provisions of the Electoral Rights Act violated freedom of expression and the principle of free elections. Free elections require free expression of the citizens’ choice, which is achievable if there is a choice available, and also unhindered expression of preferences by way of free expression of opinions for or against a candidate. The free expression of choice requires access to information, which should be truthful and objective. Referring to the European Court’s judgment in Bowman (cited above), the majority overlooked that a conflict between freedom of expression and the right to free elections arises only in “certain