ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
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Recommendation No. R (96) 10 of the Committee of Ministers on the guarantee of the
independence of public service broadcasting;
Noting the emergence of public service media in the information society as
elaborated in Recommendation Rec(2007)3 of the Committee of Ministers on the
remit of public service media in the information society;
Considering that public service media are a publicly accountable source of
information which have a particular responsibility in ensuring in their programmes, a
fair, balanced and thorough coverage of elections, which may include the carrying of
messages of political parties and candidates free of charge and on an equitable basis;
Noting that particular attention should be paid to certain specific features of the
coverage of election campaigns, such as the dissemination of opinion polls, paid
political advertising, the right of reply, days of reflection and provision for
pre-election time;
Stressing the important role of self-regulatory measures by media professionals
themselves – for example, in the form of codes of conduct – which set out guidelines
of good practice for responsible, accurate and fair coverage of election campaigns;
Recognising the complementary nature of regulatory and self-regulatory measures
in this area;
Convinced of the usefulness of appropriate frameworks for media coverage of
elections to contribute to free and democratic elections, bearing in mind the different
legal and practical approaches of member states in this area and the fact that it can be
subject to different branches of law;
Acknowledging that any regulatory framework on the media coverage of elections
should respect the fundamental principle of freedom of expression protected under
Article 10 of the European Convention for the Protection of Human Rights and
Fundamental Freedoms, as interpreted by the European Court of Human Rights;
Recalling Recommendation Rec(2004)16 of the Committee of Ministers on the right
of reply in the new media environment which allows the possibility for easy-to-use
instant or rapid correction of contested information,
Recommends that the governments of the member states, if they have not already
done so, examine ways of ensuring respect for the principles stated hereinafter
regarding the coverage of election campaigns by the media, and, where necessary,
adopt appropriate measures to implement these principles in their domestic law or
practice and in accordance with constitutional law.
...
Principles
I. General provisions
1. Non-interference by public authorities
Public authorities should refrain from interfering in the activities of journalists and
other media personnel with a view to influencing the elections.
2. Protection against attacks, intimidation or other types of unlawful pressure on the
media
Public authorities should take appropriate steps for the effective protection of
journalists and other media personnel and their premises, as this assumes a greater