Home > 1.3.1.1 Media > REPUBLIC OF LITHUANIA – Electoral Code
 
 
 
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Article 100
 

1. After an electoral political campaign period begins, every campaigner, list of candidates or candidate shall be entitled to require the publication of a counter opinion about them in the mass media outlet which has released any compromising information about them. Compromising information shall include information intended to persuade voters against voting for a campaigner, a list of candidates or a candidate and/or information that negatively describes a participant, a list of candidates or a candidate. The requirement to publish a counter opinion may be rejected where: the compromising information refers to other than the campaigner, the list of candidates or the candidate; the published information fails to meet the compromising information criteria set out in this Article; the compromising information about the campaigner, the list of candidates or the candidate has been released by the campaigner or the candidate; the information published does not contains no information describing the campaigner, the list of candidates or the candidate; the campaigner, the list of candidates or the candidate has already exercised the right to a counter opinion. Structural subdivisions of a political organisation shall also be entitled to publishing a counter opinion, with the consent of that political organisation.


2. It shall be prohibited to release compromising information in the mass media three days prior to an election and in the last periodical published prior to the election. After releasing compromising information about a campaigner, a list of candidates or a candidate, the mass media outlet must grant them the right to publish a counter opinion. When applying to the mass media for the publication of a counter opinion, the campaigner, the list of candidates or the candidate must provide a written explanation as to why the disseminated information is compromising. The counter opinion shall consist of a brief acknowledgement of the compromising information released and a refutation. In general, the counter opinion may not exceed three times the size volume of the compromising information. The mass media outlet must publish the counter opinion within five working days from its receipt or in the next issue of the periodical, but no later than two days before the date of poll. If the mass media outlet itself cannot publish the counter opinion during the time limit set by this Code, it must make arrangements, at its own expense, to publish the counter opinion in another mass media outlet in an adequate manner.


3. Disputes concerning the publication of a counter opinion shall be settled by the Central Electoral Commission. At the request of a campaigner, a list of candidates or a candidate regarding the publication of a counter opinion, the mass media outlet may request the Central Electoral Commission to assess whether the disseminated information is considered to be compromising. The Central Electoral Commission must consider inquiries of the campaigners, the list of candidates, the candidates and the mass media outlets and reply to them within four working days, but no later than three days before the date of poll.


4. If a campaigner, a list of candidates or a candidate applies to a mass media outlet and submits the text of a counter opinion and a timely request to publish the counter opinion, yet the counter opinion is not made public, the counter opinion shall, by the decision of the Central Electoral Commission, be broadcast on the Lithuanian National Radio and Television and shall be paid for at the rates of information announcements approved by the Lithuanian National Radio and Television. In this event, the mass media outlet must pay the Central Electoral Commission two times the amount of the broadcast costs.
5. Publishing counter opinions during the electoral silence period shall be prohibited. Release of compromising information and publishing of a counter opinion during the electoral silence period shall render the manager of the producer or disseminator of public information liable under the law.


6. The provisions of this Article shall apply mutatis mutandis to persons who have released compromising information on a website or a social media account.