VLADIMIR KHARITONOV v. RUSSIA JUDGMENT
carry out such actions complies with the conditions of Article 10 of the Convention
regarding the legality, legitimacy and proportionality of restrictions.
2.2.2. Any measure taken by State authorities or private-sector actors to block, filter
or remove Internet content, or any request by State authorities to carry out such
actions complies with the conditions of Article 10 of the Convention regarding the
legality, legitimacy and proportionality of restrictions.
2.2.3. Internet service providers as a general rule treat Internet traffic equally and
without discrimination on the basis of sender, receiver, content, application, service or
device. Internet traffic management measures are transparent, necessary and
proportionate to achieve overriding public interests in compliance with Article 10 of
the ECHR.
2.2.4. Internet users or other interested parties have access to a court in compliance
with Article 6 of the Convention with regard to any action taken to restrict their access
to the Internet or their ability to receive and impart content or information.
2.2.5. The State provides information in a timely and appropriate manner to the
public about restrictions it applies to the freedom to receive and impart information,
such as indicating websites that have been blocked or from which information was
removed, including details of the legal basis, necessity and justification for such
restrictions, the court order authorising them and the right to appeal.”
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
20. The applicant complained that the Russian authorities’ decision to
block access to the offending website by blacklisting its IP address had had
the disproportionate collateral effect of blocking access to his website. That
measure had breached his rights under Article 10 of the Convention, which
reads:
“1. Everyone has the right to freedom of expression. This right shall include
freedom ... to receive and impart information and ideas without interference by public
authority and regardless of frontiers ...
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the reputation or
rights of others ...”
A. Admissibility
21. The Court considers that this complaint is neither manifestly
ill-founded nor inadmissible on any other grounds listed in Article 35 of the
Convention. It must therefore be declared admissible.
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