VLADIMIR KHARITONOV v. RUSSIA JUDGMENT
Consequently, the law must afford a measure of legal protection against
arbitrary interferences by public authorities with the rights safeguarded by
the Convention, and indicate with sufficient clarity the scope of any
discretion conferred on the competent authorities and the manner of its
exercise (see Hasan and Chaush v. Bulgaria [GC], no. 30985/96, § 84,
ECHR 2000-XI; and Ahmet Yıldırım, cited above, §§ 57 and 59).
38. In the instant case, the statutory basis for the interference was
section 15.1 of the Information Act. That provision defines the categories of
illegal web content susceptible to be blocked and lays down a step-by-step
procedure for putting a blocking order in place. The Russian authorities
relied on that provision to block access to an online collection of
cannabis-themed stories known as “The Rastaman Tales”. The Court notes
with concern that section 15.1 allows the authorities to target an entire
website without distinguishing between the legal and illegal content it may
contain. Reiterating that the wholesale blocking of access to an entire
website is an extreme measure which has been compared to banning a
newspaper or television station, the Court considers that a legal provision
giving an executive agency so broad a discretion carries a risk of content
being blocked arbitrarily and excessively (see paragraphs 15 and 16 above).
39. The fact remains, however, that while the offending website featured
at least some arguably illegal content, the applicant’s website did not have
any content falling within the scope of section 15.1 (compare Ahmet
Yıldırım, cited above, § 60). The applicant was in no way affiliated with the
owners of the offending website or responsible for the allegedly illegal
content. The interference in issue could not therefore have been grounded
on the provision that was supposed to have formed its legal basis.
40. As it happened, the blocking of the applicant’s website was an
automatic consequence of Roskomnadzor’s decision to add the IP address of
the offending website to the register of blocked material. That decision had
the immediate effect of blocking access to the entire cluster of websites
hosted by DreamHost which shared an IP address with the offending
website. It was issued in compliance with subsection 9 of section 15.1,
which allowed Roskomnadzor to enter the IP address of the offending
website in the Integrated Register of blocked content. However, the Court’s
scrutiny of the lawfulness requirement is not limited to establishing whether
the State agency acted in accordance with the letter of domestic law. The
Court must also ascertain whether the quality of the law in question enabled
the applicant to regulate his conduct and protected him against arbitrary
interference.
41. Section 15.1 of the Information Act conferred extensive powers on
Roskomnadzor in the implementation of a blocking order issued in relation
to a specific website. Roskomnadzor can place a website on the Integrated
Register of blocked content, ask the website owner and its hosting service
provider to take down the illegal content, and add the website’s IP address
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