34
ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
on debates on questions of public interest (see Animal Defenders
International, cited above, § 102). The margin is also narrowed by the
strong interest of a democratic society in the press exercising its vital role as
a public watchdog: freedom of the press and other news media affords the
public one of the best means of discovering and forming an opinion of the
ideas and attitudes of political leaders. It is incumbent on the press to impart
information and ideas on subjects of public interest and the public also has a
right to receive them (ibid.).
108. The press fulfils an essential function in a democratic society.
Although the press must not overstep certain bounds, particularly as regards
the reputation and rights of others and the need to prevent the disclosure of
confidential information, its duty is nevertheless to impart – in a manner
consistent with its duties and responsibilities – information and ideas on all
matters of public interest (see Jersild v. Denmark, 23 September 1994, § 31,
Series A no. 298; De Haes and Gijsels v. Belgium, 24 February 1997, § 37,
Reports 1997-I; and Bladet Tromsø and Stensaas v. Norway [GC],
no. 21980/93, § 58, ECHR 1999-III).
109. Journalistic freedom also covers possible recourse to a degree of
exaggeration, or even provocation (see Prager and Oberschlick v. Austria,
26 April 1995, § 38, Series A no. 313, and Bladet Tromsø and Stensaas,
cited above, § 59). By reason of the “duties and responsibilities”, which are
inherent in the exercise of the freedom of expression, the safeguard afforded
by Article 10 to journalists in relation to reporting on issues of general
interest is subject to the proviso that they are acting in good faith in order to
provide accurate and reliable information in accordance with the ethics of
journalism (see Bladet Tromsø and Stensaas, § 65, cited above, and
Alithia Publishing Company Ltd and Constantinides v. Cyprus,
no. 17550/03, § 65, 22 May 2008). The methods of objective and balanced
reporting may vary considerably, depending among other things on the
media in question; it is not for the Court, any more than it is for the national
courts, to substitute its own views for those of the press as to what
techniques of reporting should be adopted by journalists (see Jersild, cited
above, § 31). In considering the “duties and responsibilities” of a journalist,
the potential impact of the medium concerned is an important factor;
audiovisual media often have a much more immediate and powerful effect
than print media (see Purcell and Others v. Ireland, no. 15404/89,
Commission decision of 16 April 1991, Decisions and Reports 70). For
instance, the Court noted the differences between a portal operator and a
traditional publisher and a certain development in favour of distinguishing
between the legal principles regulating the activities of the traditional print
and audiovisual media on the one hand and Internet-based media operations
on the other (see Delfi AS v. Estonia [GC], no. 64569/09, § 113, ECHR
2015).