Download file    
 
 
Article 52
 

Releasing the Material Compromising a Candidate for Seimas Member and the Candidate’s 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 candidate for Seimas member (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 a candidate 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 candidate with a possibility to express a countering opinion which consists of a short exposition of the released compromising material and the candidate’s answer. The extent of the countering opinion usually may not exceed the volume of the compromising material by more than three times. The means of the mass media must publicise the candidate’s 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 publicise the candidate’s countering opinion during the period of time set by this Law, it must with its own funds publicise the candidate’s countering opinion in another means of the mass media.


2. The material which is aimed at influencing voters not to vote for an individual candidate and which contains information negatively describing the candidate shall be considered as material compromising the candidate. An opinion about the candidate 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 entitle the candidate to demand announcing a countering opinion. The candidate may be refused publicising of a countering opinion also in cases when: the released material does not concern him personally; the released material about him is not compromising; the compromising material about the candidate is released by him or by another candidate who is nominated on the same list of candidates or is nominated by the same party; the material contains no information describing the candidate; the candidate has already exercised the right to a countering opinion.


3. If the candidate has duly furnished the countering opinion to the means of the mass media, but it has not been announced, 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 double the amount of the broadcast costs.


4. If the compromising material about the candidate was released during the period of time 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 all cases 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 candidate’s countering opinion is made public 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 material compromising the candidate during the period when such release is not permitted or which has not announced the candidate’s countering opinion.