§ Article 53(untitled)

Releasing the Material Compromising a Party which has Nominated
a List of Candidates and the Countering Opinion
1. If during the election campaign 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 - 5 days before the election, in other means of the mass media - 10 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 7 days after it has been expressed, but not later than 2 days before the prohibition of campaigning 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 (its branch 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 doe 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 representative for elections at the Central Electoral Committee or through its representative for the elections at the constituency electoral committee. In the event the representative for elections 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 Committee, 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 Committee 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 Committee 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 Committee three times the amount of the broadcast costs.
5. In any case a countering opinion shall not be announced during the period when campaigning 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 Committee, 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.