Prohibition to take advantage of one’s official position for election campaigning

1. In conducting election campaigning, everyone shall be prohibited to take advantage of their official position in state, municipal or European Union institutions, agencies, organisations or bodies as well as in the Lithuanian National Radio and Television, regional broadcasters or municipal media, or from instructing other persons to do so or from trying to affect the voters’ will in any other manner by taking advantage of their official position or making use of state, municipal or European Union funds. State politicians, officials, European Union officials, civil servants and other officials and employees working under employment contracts shall be prohibited to take advantage of their official position in state and municipal institutions and agencies for creating exceptional election campaigning conditions for themselves or others.

2. A candidate holding a position in state, municipal or European Union institutions or agencies or the Lithuanian National Radio and Television may, in carrying out election campaigning activities, speak through a regional broadcaster or the municipal media only under the procedure laid down by this Code. If a candidate’s official duties require the candidate to announce important news through the mass media, the candidate may do so by adhering to the prohibition on engaging in election campaigning. If it is established that the live broadcasting of the said news contained election campaigning, liability shall rest with the person who engaged in such election campaigning. The mass media outlet must ensure that the election campaigning element is removed before making the recording public.

3. Employees of state, municipal and European Union institutions, agencies, organisations or bodies as well as employees of business, commercial and other private bodies or enterprises shall be prohibited to campaign during the official working hours set in those institutions, agencies, organisations, bodies or enterprises, except for the cases when campaigning activities are carried out during the period of leave of the employees.

4. Persons who infringe this Article shall be liable under the procedure laid down by law, without prejudice to Protocol No 7 on the Privileges and Immunities of the European Union annexed to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community.