Постановление Европейского суда по правам человека от 08.10.2009 "Дело "Романенко и другие (Romanenko and others) против Российской Федерации" [рус., англ.]

ed statements had been true and accurate (section 7).

D. The Mass-Media Act (Federal Law No. 2124-I
of 27 December 1991)

23. The founder (co-founders) of a newspaper is a person or a group of persons who applied for registration of the newspaper (section 7). The founder may not interfere with the functioning of the newspaper unless otherwise provided by law and by the articles of association (section 18). The founders, editors, publishers, journalists, and authors, may be held liable for breaches of Russian legislation on mass-media (section 56).
24. The editor's office and journalists may not be held liable for dissemination of information which is untrue and damaging to the honour or reputation of citizens and organisations if such information originated in press-releases of State bodies, organisations, agencies, companies or public associations (section 57 § 3) or if such information is a verbatim reproduction of official statements by officials of State bodies, organisations or public associations (section 57 § 4).

III. Relevant council of Europe documents

25. A report on the honouring of obligations and commitments by the Russian Federation, presented by co-rapporteurs of the Monitoring Committee to the Parliamentary Assembly of the Council of Europe (doc. 10568, 3 June 2005), noted as follows:
"Libel lawsuits
389. We are concerned by the current defamation legislation and its application by the Russian judiciary and executive powers. Journalists are often prosecuted through libel suits (approximately 8 - 10,000 lawsuits a year)...
392. Also the legislation concerned should not grant any special protection against criticism to public officials... Finally, the possibility of filing lawsuits against media and journalists by public authorities should be abolished as the latter per se cannot possess any dignity, honour, or reputation.
393. Therefore, we urge the Russian authorities to reform its defamation legislation, inter alia: ...to introduce a clear ban on public bodies to institute civil proceedings in order to protect their "reputation" (without hindrance to the right of public officials to litigate in their private capacity), to clearly establish that no one should be liable under defamation law for the expression of an opinion ("value judgements")..."

THE LAW

I. Alleged violation of Article 10 of the Convention

26. The applicants complained about a violation of their right to freedom of expression. This complaint falls to be examined under Article 10 of the Convention, which reads as follows:
"1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority...
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."

A. Submissions by the parties

1. The applicants

27. The applicants submitted that the interference with their right to freedom of expression was not "prescribed by law". The wording of section 57 of the Mass-Media Act was not sufficiently clear and foreseeable in its effects to enable journalists to anticipate the distinction drawn by the domestic courts between State offi



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