VLADIMIR KHARITONOV v. RUSSIA JUDGMENT
to the Integrated Register if they refuse to do so or fail to respond. However,
the law did not require Roskomnadzor to check whether that address was
used by more than one website or to establish the need for blocking by IP
address. That manner of proceeding could, and did in the circumstances of
the present case, have the practical effect of extending the scope of the
blocking order far beyond the illegal content which had been originally
targeted (see Ahmet Yıldırım, cited above, § 63). In fact, as the applicant and
third-party interveners pointed out, millions of websites have remained
blocked in Russia for the sole reason that they shared an IP address with
some other websites featuring illegal content (see paragraphs 23 and 31
above).
42. Shared hosting is a common and accessible hosting arrangement for
small to medium-sized websites. However, owners of individual sites, such
as the applicant, may not be aware of the contents of co-hosted websites,
while the hosting service provider – in this case a company outside the
Russian jurisdiction – is not bound by Russian authorities’ determination of
illegal content. Whichever shared-hosting platform solution the applicant
were to choose, he would incur the risk that the Russian authorities would
declare illegal some content of co-hosted websites and that the owners of
such websites and the hosting service provider would not heed their
take-down orders. Russian law does not require the applicant to control the
content of co-hosted websites or the hosting service provider’s compliance
with take-down orders. Yet, because of the great latitude the law afforded to
Roskomnadzor in blocking matters, the applicant had to bear the
consequences of the authorities’ blocking decision merely on account of an
incidental connection, at the infrastructure level, between his website and
someone else’s illegal content. In such circumstances, the Court cannot find
that the law is sufficiently foreseeable in its effects and affords the applicant
the opportunity to regulate his conduct.
43. Turning next to the issue of safeguards against abuse which domestic
legislation must provide in respect of incidental blocking measures, the
Court reiterates that the exercise of powers to interfere with the right to
impart information must be clearly circumscribed to minimise the impact of
such measures on the accessibility of the Internet. In the instant case,
Roskomnadzor gave effect to a decision by which a drug-control agency
had determined the content of the offending website to be illegal. Both the
original determination and Roskomnadzor’s implementing orders had been
made without any advance notification to the parties whose rights and
interests were likely to be affected. The blocking measures had not been
sanctioned by a court or other independent adjudicatory body providing a
forum in which the interested parties could have been heard. Nor did the
Russian law call for any impact assessment of the blocking measure prior to
its implementation. The Government acknowledged that Roskomnadzor
was not legally required to identify the potential collateral effects of
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