Home > 6 Political parties > LITHUANIA - Law on Elections to the Seimas
 
 
 
Download file    
 
 
Article 53
 



Releasing the Material Compromising a Party which has Nominated a List of Candidates and the Countering Opinion


1. If, after the announcement of the names of candidates and lists of candidates by the Central Electoral Commission, the mass media release the material compromising a party which has nominated a list of candidates (such data may be released not later than: in a means of the mass media which is issued more frequently than three times a week - five days before the election, in other means of the mass media - ten days before the election, but in any case the material compromising the party which has nominated a list of candidates may be released not later than in the last but one issue of a means of the mass media before the election), it must provide the party with a possibility to express a countering opinion. The countering opinion shall consist of a short exposition of the released compromising material and the party’s reply. The extent of the countering opinion usually may not exceed the volume of the compromising material more than three times. The means of the mass media must announce the countering opinion within seven days after it has been expressed, but not later than two days before the prohibition of election campaign becomes effective. If the means of the mass media itself cannot announce the countering opinion during the period of time set by this Law, it must make arrangements to publicise the countering opinion with its own funds in another means of the mass media.


2. The material which is aimed at influencing voters not to vote for the candidates nominated by a specific party and which contains information negatively describing the party (itsbranch or division) shall be considered as material compromising the party. An opinion about the party announced in the mass media (unlike hard news, criteria of truth shall not apply to an opinion), including a negative opinion, shall not be considered as compromising material and shall not grant the party the right to demand announcement of a countering opinion. The demand to announce a countering opinion may also be rejected in cases when: the released material does not concern the party; the released material is not compromising; the compromising material about the party is released by a candidate nominated by the party; the material contains no information characterising the party; the party has already exercised the right to a countering opinion.








3. The party shall give its countering opinion to the means of the mass media through its election representative at the Central Electoral Commission or through its election representative at the constituency electoral committee. In the event the election representative has given the countering opinion to the means of the mass media by the due date, but it has not been made public, the countering opinion shall be broadcast, on the decision of the Central Electoral Commission, on the Lithuanian national radio or television and shall be paid for at the rates of advertisement fees. In this event, the means of the mass media must pay the Central Electoral Commission double the amount of the broadcast costs.


4. If the compromising material was released during the time period when its release is not permitted under this Law, by the decision of the Central Electoral Commission the candidate’s countering opinion shall be broadcast on the Lithuanian national radio or television and shall be paid for at the rates of advertisement fees. In this event the means of the mass media must pay the Central Electoral Commission three times the amount of the broadcast costs.


5. In any case a countering opinion shall not be announced during the period when election campaign is prohibited. Announcement of a countering opinion shall not exempt the means of the mass media from liability under the laws of the Republic of Lithuania.


6. When the countering opinion is released on the decision of the Central Electoral Commission, the costs thereof set by this Law shall be recovered without suit from that means of the mass media which has released the compromising material during the period when such release is not permitted or has not announced the candidate’s countering opinion.