ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
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to identify “campaigning” aims in the activities of the mass media:
dissemination of adverse information without taking adequate measures to
verify it approaching the person referred to; blurring of the line between
opinions and established fact; violation of the Declaration of Principles on
the Conduct of Journalists, including reporting only in accordance with facts
of which the journalist knows the origin, the use of fair methods to obtain
information, and doing the utmost to rectify any published information
which is found to be harmfully inaccurate.
88. The courts had given a careful assessment of the pertinent factual
and legal aspects of the case, relying in particular on the Working Group
report of 17 November 2007 (see paragraph 11 above). The applicant
organisation had received the smallest statutory fine, which was far less
harsh than a criminal penalty, such as detention.
89. The administrative offence liability pursued the aim of protecting the
reputations and rights of others, because “campaigning” activities which did
not indicate the nature of the publication or its sponsorship could have
misled voters. The applicable regulatory framework was aimed at
preventing the use of print or broadcast media for campaigns against
candidates. Such practices would violate both the rights of other candidates
who respected the expenditure rules, and the rights of voters.
(b) The applicant organisation
90. The applicant organisation submitted that the ambiguity of the
distinction between acceptable information for voters and “campaigning”
allowed for a selective application of the legislative framework to spur
opposition, in particular by way of administrative offence liability for
non-compliance with the special rules relating to “campaigning”. The
impugned publications contained critical assessments of Mr S.’s record as
regional governor, including during the election campaign in 2007. During
this campaign, he had not taken temporary leave from the office of governor
while leading the list of candidates for his political party. Therefore, there
had been no reason for an electoral bloc or a party to pay for such
publications.
(c) Third-party submissions
91. The joint submissions made by the Media Legal Defence Initiative
(London, United Kingdom) and the Mass Media Defence Centre (Voronezh,
Russia) may be summarised as follows. The media in the United Kingdom,
France and Germany are subject to laws of general application, including in
times of elections.
92. State regulation of the print media in the UK is essentially limited to
laws that restrict content (defamation, privacy and contempt of court), while
self-regulation is done via the Press Complaints Commission. The print
media are not required to be neutral or objective in their reporting, being